City of 11,11 Valley I A g en ity da Action I1iT Council Meeting Date: January 14, 2014 Date Prepared: January 7, 2014 Prepared by: Timothy M. Kiser, PE, Public Works Director/City Engineer Title: Facility Use Agreement with Food Bank of Nevada County Recommended Motion: That Council 1) approve the Food Bank of Nevada County’s proposal to use a portion of Condon Park, 2) waive the event fees, but require a deposit, and 3) authorize the Public Works Director/City Engineer to negotiate and execute a Facility Use Agreement with the Food Bank of Nevada County, subject to legal review, for monthly food distribution in Condon Park. Agenda: Administrative Background Information: On December 4, 2013, the City of Grass Valley received a written request from the Food Bank of Nevada County to use a portion of Condon Park, including the Love Building to monthly distribute food to their clients in Grass Valley area Attached is a letter outlining and providing more information relating to the Food Bank of Nevada County’s request. Additionally, the Food Bank of Nevada County is also requesting the event fees to be waived. On January 7, 2014, the City’s Park and Recreation Commission considered the request by the Food Bank of Nevada County. The Commission recommended approval of the Food Bank of Nevada County’s proposal to the Council with the acceptation Council would need to approve or deny the fee waiver request. Attached is draft Facility Use Agreement for reference. Council Goals/Objectives: This action executes portions of work tasks towards achieving/maintaining Strategic Plan - Community Leadership. Funds Available: N/A Account #: N/A Reviewed by: f Interim City Manager Agenda Item #13-1 Attachment: Request Letter; Draft Facility Use Agreementdocx G:\PW - 201 0\C0UNCIL_MISC\201 4\AAS 140114 Facility Use Agreement Food Bank of Nevada Co.docx
Transcript
City of 11,11 Valley I
Agenity
da Action I1iT
Council Meeting Date: January 14, 2014
Date Prepared: January 7, 2014
Prepared by: Timothy M. Kiser, PE, Public Works Director/City Engineer
Title: Facility Use Agreement with Food Bank of Nevada County
Recommended Motion: That Council 1) approve the Food Bank of Nevada County’s proposal to use a portion of Condon Park, 2) waive the event fees, but require a deposit, and 3) authorize the Public Works Director/City Engineer to negotiate and execute a Facility Use Agreement with the Food Bank of Nevada County, subject to legal review, for monthly food distribution in Condon Park.
Agenda: Administrative
Background Information: On December 4, 2013, the City of Grass Valley received a written request from the Food Bank of Nevada County to use a portion of Condon Park, including the Love Building to monthly distribute food to their clients in Grass Valley area Attached is a letter outlining and providing more information relating to the Food Bank of Nevada County’s request. Additionally, the Food Bank of Nevada County is also requesting the event fees to be waived.
On January 7, 2014, the City’s Park and Recreation Commission considered the request by the Food Bank of Nevada County. The Commission recommended approval of the Food Bank of Nevada County’s proposal to the Council with the acceptation Council would need to approve or deny the fee waiver request. Attached is draft Facility Use Agreement for reference.
Council Goals/Objectives: This action executes portions of work tasks towards achieving/maintaining Strategic Plan - Community Leadership.
Funds Available: N/A
Account #: N/A
Reviewed by:
f Interim City Manager
Agenda Item #13-1
Attachment: Request Letter; Draft Facility Use Agreementdocx G:\PW - 201 0\C0UNCIL_MISC\201 4\AAS 140114 Facility Use Agreement� Food Bank of Nevada Co.docx
OF
A NONPROFFF ORGANIZATiON
December 4, 2013
The City of Grass Valley, Public Works Department Attn: Mr. Timothy Kiser 125 E. Main Street Grass Valley, CA 95945
Dear Mr. Kiser,
We are writing to you to express our interest in the use of the LOVE Building, to distribute food to our clients in the Grass Valley area, for our monthly food distribution. We have completed the Facility Use Application and Agreement, and submitted that to your office on November 26, 2013. Enclosed are the insurance requirements specified in the contract.
The dates we would like to use the facility are as follows:
December 17, 2013 January 28,. 2014 February 25, 2014 March 25, 2014 April 22, 2014 May 27, 2014 June 24, 2014
We feel very strongly that this location provides the perfect space to suit our needs, and makes for such a great fit for the community at large.
As a non-profit that struggles for every dollar we have, we would also appreciate it if you would consider waiving the fee of $200.00 per event.
Should you have any questions, please do not hesitate to contact me at 530/272-3796 or by e-i-nail at . Thank you for your kind consideration.
Best Regards,
J
Jennifer Morrill EFAP Coordinator
PHYSCA.L ADDRESS: 310 Railroad Ave #100, Grass Valley CA 95945 e-mail: [email protected] TEL: 530 272-3798 MAILING ADDRESS: 578 Sutton Way # 87 Grass Valley CA 95915 website: wwwfoodbankofncorq FAX: 530 272-7085
Community Partner
13-2-
I THE
Bw< A NON-PROFIT ORGANIZATION T&DOF NEVADA COUNTY
TFood IDistribution at Con Overview I
300 Families receive 2-3 weeks worth of food in a "Drive-Thru" set~ up, with staggered arrival times, as follows:
9 am - Disabled clients, approximately 100 clients 10 am - Last Names beginning with AL approx. 100 clients 11 am - Last names beginning with MZ approx. 100 clients
� Client sign-in and the loading of food into vehicles is handled by 8 10 volunteers and 4 FBNC staff members, who are supervised by Jennifer Morrill, EFAP Coordinator, and Bob Dion, Warehouse Manager. Placement of the trucks, volunteers and staff is indicated on the attached map.
please note 1 volunteer is dedicated to keeping the entrance for Public Works vehicles clear at all times, see map attached.
� From set-up through clean-up, the Food Bank’s presence at Condon Park will be from 8.00 am through noon.
Community Partner �
PHYSICAL ADDRESS: 310 Railroad Ave.. Grass Vall ey CA 95945 e-mail: food banknc@attnet TEL. 530 272-3796 RA -All 1 2,Ar Annl2;:*Q- r7r, 0 v-- lAi v 07 ( (’ cv -.-
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CONDON PARK
/3 1
FACILITY USE AGREEMENT BETWEEN CITY OF GRASS VALLEY AND THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
1. IDENTIFICATION
THIS FACILITY USE AGREEMENT is entered into this ____ day of January, 2014, by and between the CITY OF GRASS VALLEY, hereinafter referred to as "CITY" and THE FOOD BANK OF NEVADA COUNTY, a non-profit organization, hereinafter referred to as "FACILITY USER".
2. RECITALS
2.1 CITY possesses miscellaneous park space, commonly known as "Condon Park", located at 660 Minnie Street, Grass Valley, California, hereinafter referred to as "FACILITY"; and,
2.2 CITY desires to provide miscellaneous park fpJ’:JtJes to meet a community need; fIl l Q, and,
2.3 CITY has determined its agent on matt k relating to this contract shall be the Public Works Director/City Engineer nd/or ’his/her authorized designees hereinafter referred to as DIRECT, 0 1 ,
4
2.4 FACILITY USER desires to utiliz’ 11 FACI Y, tÔ provide food distribution; and,
2.5
FACILITY USER has no ern piqyees, and operates as a !%n-prQtit organization; and,
2.6 The parties mutually desire to work towdeffective and co5erative use of the FACILITY; and,
1104 4k 2.7 The foregoing reciti cOnstitute more han mere recitals, but contractual
covenant and commitments t Which the parti?s,hereto agree to be bound and constitute a material consideratIon for this Agreement
NOW, THEREFOR, FI1 consic4eration of the promiss d covenants contained herein, the parties agree as foIIO’Ws
3. GENERAL CONDITIONSULES AND REGULATIONS
3b1, FACILITY USEI agrees tht apy &riployees agents and volunteers will be subject to and abide byl, safety ruIØ stablished by CITY and to conduct activities in accordance with theppsted Rules and Regulations as set forth in Exhibit "A" which i attached hereto and incrporated herein.
3.2
P� ,s
AqILITY USEhall, t his sole cost and expense, be responsible for:
3.2.1 Maintainih a City of Grass Valley Business License; business license must be vaiat1e at all times.
3.2.2 Mair1aining FACILITY in a clean and neat manner. FACILITY USER shall be responsible for and bear all costs of removal of its own trash from the facility. FACILITY USER shall police the area for litter on reserved dates/times.
3.2.3 Maintaining flow of traffic and availability of ease of passing for City and emergency vehicles. FACILITY USER shall provide its own traffic control.
3.2.4 Maintaining one lane clear for fire access or emergency vehicles, at all times.
3.2.5 Maintaining access on park roads, Butler St, Minnie St or any other public roadway. Vehicles may not block any of these areas.
Page 1 of 9
FACILITY USE AGREEMENT
BETWEEN CITY OF GRASS VALLEY AND
THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
3.2.6 Providing a minimum of four (4) staff members or volunteers to be present at all times to direct traffic through the park. Staff/volunteers will need to ensure that traffic is flowing smoothly at all times such that it does not affect other park patrons.
3.2.7 Event may be held in approved mapped route only. Modifications may be allowed with advance Public Works approval.
3.2.8 Alcohol may not be distributed or consumed with this event.
3.3 CITY at its sole cost and expense shall be responsible for the maintenance of the roadways. Maintenance shall be performed at such times so as to not interfere with scheduled events.
3.4 FACILITY USER acknowledges that it has fulIjispected the premises and accepts the same, in its existing condition, and agd that no demands for alterations, repairs or additions are to be made upti CITY If a change is noted in FACILITY condition or FACILITY has, ij some ’way been damaged. FACILITY USER acknowledges the responsibjldy for thprmingClTY of the situation as soon as possible after learning of the dige th
3.5 FACILITY USER acknowledgF. if for any reason such as, but not limited to, freezing conditions, snow, e’rhcuake, flood water damageexplosion, or other calamity or circumstance it shaIllbecom necessary to cioŁ FACILITY no liability shall occur aainst CITY for c mg4due to loss of btiness of FACILITY USER.
3.6 FACILITY USER undrstaflds and agrees that prior to commencing services under this agreement, CI FALITY USE anti persons performing services for FACILITY ,USER must satlsfacto(iIy pass a cçirmial history background check which Iqnducted pursut o IDub S’ urce Code 5164, every two (2)
4.
4. ponxecutionSiis agreement FACILITY USER may utilize aj FAClL1t%to prth’ide food distribjtion on the fourth (4th) Tuesday of each month U or until Jurie 24 2014
4.2 ITY shall provide FACJjj 1Y USER with as much advance notice as possible as to any required carpellatio equipment failures or emergency facility repairs
4.3 All FILITY us requests or schedule modifications must be submitted to CITY in writing byFAC)l41Y USER at least fourteen (14) days in advance of the effected dates and :pPred by the DIRECTOR.
5.1 FACILITY USER shall pay for use of the FACILITY to CITY according to the following rate structure:
6. EMPLOYEES OF FACILITY USER
FACILITY USER is not an employee of CITY. The parties agree that no agency relationship exists between them, and this agreement is strictly intended to permit access to CITY property for use by
Page 2of9
FACILITY USE AGREEMENT BETWEEN CITY OF GRASS VALLEY AND THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
FACILITY USER.
Although FACILITY USER currently has no employees, if he should ever hire one or more employees, they shall be solely employees of FACILITY USER and not employees of CITY. FACILITY USER shall be solely responsible for the salaries and other benefits, including Workers’ Compensation, of all such personnel.
7. CONFLICT OF INTEREST
FACILITY USER warrants and covenants that no official or employee of CITY, nor any business entity which an official of the CITY has an interest, has been employed or retained to solicit or aid in the procuring of this Agreement, nor that any such person will be employed in the performance of this Agreement without immediate divulgence of such fact to CITY.
8. NONDISCRIMINATION 3 During the performance of this agreement, FAClLlTh%LISER hall not unlawfully discriminate against any employee or applicant for employmept bause Of race religion color, national origin, ancestry, physical handicap, medical coion, marital status, age (over 40), or sex. FACILITY USER shall insure that the evaluatiqnnd treatment of its epiployees and applicants for employment are free of such discrirnThation. FACILITY USER 4sball comply with the provision of the Fair Employment and Houing Act (Government Code Seoiqn 12900 et seq.) and the applicable regulations promulgated there under (Cal. Code Regs. TI R § 8107 (1983)). The applicable regulations of the Fair Employment
I Off’Housing Comm1sion implementing Government Code Section 1 29Qe. forth in Chaptr of Division 4 of Title 2 of the California Code of Regulations are incorp t itpthis agreemt by reference and made a part hereof as if set forth in full. . II
9. HOLD HARMLESS AND INbMNIF1’
9.1 Facjjit User shall indemni1 defend, ani.hoId harmless the CITY, its officers, offiia! agents, employees, aid volunters from and against any and all claims, damage, demanctsliability, dosts, losses and expenses including without Lrn1ttion coLiri 9 reasonabie!attorneys fees and interest arising out of or in ôomnctionv(FACILITY USE ’s use of FACILITY or its negligent failure to
tjtlt comply withany 16f its obligations contained in this agreement, except such loss or damage which ws caused by the sole negligence, or willful misconduct of
’SITY. I
As used above, the, term CITY[ eariPtity of Grass Valley, or their officers, agents, employees, and volunteers.
10. NON-ASSIGNABILITY
This agreement, and the rights and duties there under, shall not be assigned in whole or in part without the express written consent of CITY.
11. ATTORNEYS’ FEES
FACILITY USER and CITY agree, in the event CITY or FACILITY USER prevails in any action, suit or proceeding commenced by CITY or FACILITY USER to compel the performance of this agreement or to seek damages for breach thereof, that either will pay reasonable attorney’s fees for the other to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered.
12. INSURANCE
Page 3of9
FACILITY USE AGREEMENT BETWEEN CITY OF GRASS VALLEY AND THE FOOD BANK OF NEVADA COUNTY
FOR FOOD fliTRR1lTlON
12.1 Throughout the time period of this Agreement, the FACILITY USER shall provide the following minimum insurance coverages as listed below. Contemporaneous with the signing of this Agreement, FACILITY USER shall file with CITY a Certificate of Insurance, indicating companies acceptable to CITY, with An A.M. Best’s Rating of no less than A:VII showing. Documentation of such rating acceptable to CITY shall be provided at the same time Insurance Certificates are submitted.
12.2 Prior to execution of this Agreement and prior to use of FACILITY, FACILITY USER shall furnish CITY with original endorsements effecting coverage for all policies required by this Agreement. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to CITY. At CITY’s disc pn, CITY may require complete, certified copies of all required insurance polic, including endorsements affecting the coverage required by this Section. JtidrY requests, FACILITY USER will furnish one copy of each required policy fç OITY’, nd additional copies if requested in writing, certified by an authorized ppresptat e of the insurer. Approval of the insurance by CITY shall not reliev feçreas any Ii6b1Jty of FACILITY USER.
12.3 In the event any policy is caçQid prior fo the completi&of the Agreement and FACILITY USER does not Qnish a new certificate bf in;uance prior to cancellation CITY may obtain th çequireçi insurance and dedu khe premium(s) from Agreement monies due FACILiy’ UR
Worker’s Compensation and Em’ers Liability Insurance:
12.4 By their
requires every employer to be
signatUre hØeuAIer as FACILITY USER, each person signing this Agreement on behalf of ACILIW’( USER certifies that he or she is aware of the
I provisionspfection 370 of the çCode Ji?ch insured ainLbiIity for WqrIrn’ t~oq&tpnstiOn or to undertake self insurance in accordnce with the provisioW bf that Co and he or she will comply with such provisi& before crnmencinge performdrice of the work of this Agreement.
ut 12.5 If such inLrpnc i ip,cterwritten b ny agency other than State Compensation
Ft! rid, such ajôy shalr be . conIJany authorized to do business in the State of
1t CalifornI1,
12 .i Worker’s Cipensftn Insurance shall be provided as required by any applicable or regulan. E!nbjjr’s liability insurance shall be provided in amounts not
less than: .t QNE 1 . ’ON DOLLARS ($1,000,000) each accident for bodily injury by H .
aqden
ON 1LLION DOLLARS ($1,000,000) policy limit for bodily injury by disease, and
ONE MILLION DOLLARS ($1,000,000) each employee for bodily injury by disease.
12.7 Each Worker’s Compensation policy shall be endorsed with the following specific language:
o Cancellation Notice "This policy shall not be canceled or materially changed without first giving thirty (30) days’ prior written notice to the City of Grass Valley."
12.8 No Workers’ Compensation insurance shall be required so long as FACILITY
Page 4of9 /3 8)
FACILITY USE AGREEMENT BETWEEN CITY OF GRASS VALLEY AND THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
USER remains the sole instructor, and hires no employees. By signing this agreement, FACILITY USER certifies that he has no employees and is therefore not subject to Workers’ Compensation insurance requirements If FACILITY USER hires one or more employees, the Workers’ Compensation insurance requirements described above will apply, and FACILITY USER will be responsible for full compliance.
General Liability Insurance:
12.9 FACILITY USER shall maintain Commercial General Liability insurance covering all operations by or on behalf of FACILITY USER, providing insurance for bodily injury liability and property damage liability for the limits of liability indicated below and including coverage for:
� Contractual liability insuring the obl
by FACILITY USER in this Agreement. it
12.10 One of the following forms is required:
� Commercial General Liabilit( rrerie); or � Commercial General LialiJ!t(Clain$1ade)
12.11 Commercial General Liability 9ôçyrrence) policy:
he ag ,
iall be TV’)M ILL
Specians Made Poliby Fo
1 11,.
less than:
)0) each occurrence (combined single nage)
)0) Persppal Injury Liability �q� f i l l
)0) f$"roducts-Completed Operations
$1 00O0@) General Aggregate
not ha an endorsement providing that the 1i it applies separately, or if defense costs are !jte limits then the required aggregate limits
I ($2000000)
> ONE MILLION DO C.lfflli .
>ki
’�’NE MILLION DOLLAR
12. 1.241 1 If i., policy dc , Geral Aggreg
12.11.1 The limits of liability all nc
> ONE MILLIQNOLLARS ($1, uu. limit for bpiijtiry and property d
> ONE MILLION DOLLARS ($1,000,(
12.12’FACILlTY USER shaIrCtpprovide a Commercial General Liability (Claims Made) policy without tl expres prior written consent of CITY which consent, if given shall e subjectthe following conditions
i1}
12.12.1 h TJke limits of liability shall not be less than:
OLLlON DOLLARS ($1,000,000) each occurrence (combined single limif
:Tllfor bodily injury and property damage)
> ONE MILLION DOLLARS ($1 ,000 , 000) aggregate for Products Completed Operations
> ONE MILLION DOLLARS ($1,000,000) General Aggregate
12.12.2 The insurance coverage provided by FACILITY USER shall contain language providing coverage up to six (6) months following the completion of the AGREEMENT in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims made policy.
Page 5 of 9
FACILITY USE AGREEMENT BETWEEN CITY OF GRASS VALLEY AND THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
12.13 The Certificate of Insurance must include the following reference: FACILITY USER - Condon Park Miscellaneous Space, City of Grass Valley.
12.14 Current Evidence of Coverage must be provided for the entire term of this Agreement.
12.15 Upon written request, certified copies of required insurance policies must be provided within thirty (30) days.
Conformity of Coverages:
12.16 If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements or example all polices shall be Occurrence Liability policies or all shall bims Made Liability policies, if approved by the City as noted above
I In 6ases qhall the types of policies be
different. tdł h.
b
Endorsements:
12.17 Each Commercial General Liab!ty poficy sh’aIl be I)orsed with the following specific language:
12.18 "Insured: The City of Grass Vley, its elected or appontd,officers, agents, volunteers and employees are inluded $ insureds with regard to liability and defense of suits arising from the operations nd activities performed by or on behalf of the named insuçc1 ’
ed’ As respects (a) Work performed by the Named Insured 12.19 "Contribution Notf4eqBlfor or on behalf of the C1T; or (b) products sold, the Named Insured to the entity; or (c) pre s leased by the Narr1 insured fro the CITY, the insurance afforded by thij)ó11Y shall be priIip rrsurhc as the CITY, its elected or appqined officer fficials
emhtoyees or vinteers or stand in an unbroken chain of 8o!/age exces of the Named InSred’s scheduled underlying primary coveragei n eith event, any to i&isurance maintained by the CITY, its elected on appointed ffjer&l officials e mpiqybes or volunteers shall be in excess of this insurance and sIl not contribwte wt{h it
"Cancellan Noti&i, With respect to the interests of the CITY, this insurance shall not be cancelled, orrite1lly reduced in coverage or limits except after thirty (30) days prior written noticreceipted delivery has been given to the CITY."
12.21 "Except as state ! nothing herein shall be held to waive, alter or extend any of the limits c9fHitions, Agreements or exclusions of the policy to which this endorsement 0,pttached."
Additional RequirØrhents
12.22 Premium Payments The insurance companies shall have no recourse against the CITY and funding agencies its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.
12.23 Policy Deductibles FACILITY USER shall be responsible for all deductibles in all of FACILITY USER’s insurance policies The amount of deductible for insurance coverage required herein should be reasonable and subject to CITY’s approval.
12.24 FACILITY USER’s Obligations: FACILITY USER’s indemnity and other obligations shall not be limited by the foregoing insurance requirements and may survive the expiration of this Agreement.
Page 6 of 9
FACILITY USE AGREEMENT BETWEEN CITY OF GRASS VALLEY AND THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
12.25 Material Breach: Failure of FACILITY USER’s to maintain the insurance required by this Agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire Agreement.
12.26 FACILITY USER shall have all participants, or their legal guardian if under 18 years of age sign a Waiver Release of Liability Assumption of Risk Agreement, Exhibit "B". Copies of the waiver are to be submitted with monthly payments.
13. GENERAL COMPLIANCE WITH LAWS
The FACILITY USER shall exercise usual and customary care in its efforts to comply with applicable Federal State and local laws, statutes rules and regulations that are in effect as of the date of this agreement FACILITY USER shall comply wtt1ll laws regarding payment of prevailing wages, including without limitation California Section 1720 as such laws may be amended or modified FACILITY USER agijetho cornply with any directives or regulations issued by the California State Department of dustrrRelations or any other regulatory body of competent jurisdiction. At, 11111
14. JURISDICTION
This agreement shall be administered and ))rpreted under the laws ofhe State of California Jurisdiction of litigation arising from this agreement shall in that State VeikQ shall be Nevada County California The parties each waive any federbçrt removal righsiffiey may have If any part of this agreement is foupç to be in conflith applicable law such part shall be inoperative null and void insot rks in conflict ’v1t said laws but the remainder of this agreement shall be in full force 6hd effpt,
i. ;i 15 SUSPENSIOII DdI4 OR ABANMENTWTH OR WITHOUT CAUSE
f ill 91 CITY may suspen4q
equest r,abandony
SER written r1qic all or pprtion of this agreement for any reason.
FACILITY U r thÆ all or a potion of this reement be suspended or abandoned for any reason by notifying CITY ir writing Siipension or abandonment shall only be valid upon receipt of written approval f the reet by CITY)
16,41WCOVENANT AGAINST: .CONTINGENrFEE5
The FACILNY USER warrants tha’tiW/she has not employed or retained any company or person, other than ak llIona fide employee Wo king for the FACILITY USER to solicit or secure this agreement and that he has not paid or greed to pay any company or person other than a bona fide employee anf te commission percentage brokerage fee gift or any other consideration contingent upon or resulting fro rj 41this agreement For breach or violation of this warranty, the CITY shall have the right to an tItrS agreement without liability, or at its discretion to deduct from the agreement price or consid&Øtion, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
17. DISPUTES
All claims, counter-claims, disputes, and other matters in question between CITY and FACILITY USER that cannot be settled by agreement between the parties will be presented to the City Council of CITY for consideration In the event the City Council cannot resolve the matter or matters to the satisfaction of the parties, either party may undertake whatever legal actions against the other as it deems necessary.
18. RENEWAL AND TERMINATION
18.1 This Agreement shall become effective on the date of its execution and shall
Page 7of9
FACILITY USE AGREEMENT BETWEEN CITY OF GRASS VALLEY AND THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
remain effective through JuneQ42 t month terms as agreed to as provided for under the renewal provisions of this Agreement as set forth in paragraph 18.2 of this section; except, however, unless termination is effected as set forth in paragraph 18.3 of this section.
18.2 In the event written notice is not given by either party to this Agreement thirty (30) calendar days prior to the termination date as set forth in Paragraph 18.1 of this section, this Agreement may be extended upon the same terms and conditions as provided herein for an additional successive period of six6)" months Said Agreement and amendments thereto, shall continue thereafter for a maximum of three (3) years or December 31 2017 unless either party hereto gives thirty (30) calendar days prior written notice to the other party that they do not wish to renew or extend this Agreement and amend thereof. FACILITY USER is responsible for providing written request folter1spn at a minimum thirty (30) calendar days before the expiration of thâement,
18.3 Either party may, at any time, and Without däIse give the other thirty (30) calendar day’s written notice of tecD?1ration Withihirty (30) calendar days of any such cancellation or otheç.jtmination as pro)ided for herein, FACILITY USER shall remove at its ov)jpense, its own furniture, equipment, inventory and trade fixtures from theAcIlLITY. Said removal shaI!rbe conducted in an expeditious and orderly mannerqd shatbe accomplished bh a way as to minimize the nature and the exte ptI%disruption of ot1frŒr services to the public and the pre se§shallbe restoi:rto their original condition, ordinary wear and tear accept 8uId FACILITY USER fail to remove said items within the thirty (30) day period, t , shalhi9se all right, title, andnterest in and to said items, and CITY may elect tdqkeep ge to sell reri9jy or demolish them In the event ofsuch sale remo’Jai or demolition, FACIILthY USER shall reimburse CITY �� for anqç!st inctcced in exceshny &sidration received by CITY as a result of sale, removal or demifon.
18.4 Notwithstanding a other proh(sions contained in this Agreement, the CITY is 1 granted the righ 1edIateIcp1inate this Agreement upon failure on the
par!t of FACIL1 I USER t epfull force and effect during the entire term of ub this Agremenfkhe insuraQPrequirements set out in Section 10 of this Agreement
19. DEFAULT
with any of the material provisions of this Agreement, other If FACILITY USEk fails to co loy than the covenant to pay the
P,11
.
scribed fee, or of any present rules and regulations or any that may be hereafter prescriyç. CITY, or materially fails to comply with any duties imposed on FACILITY USER by statuI within three (3) days after delivery of written notice by CITY specifying the non-compliance and indicating the intention of the CITY to terminate the Agreement by reason thereof, CITY may terminate this Agreement. If FACILITY USER fails to pay the prescribed fee when due and the default continues for three (3) days thereafter, CITY may, at CITY’s option, declare the entire balance of fees payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to CITY at law or in equity or may immediately terminate this Agreement.
20. NOTICES
All notices given under this Agreement shall be in writing and shall be deemed to have been given if delivered personally or enclosed in a properly addressed envelope and deposited in a United States post Office for delivery by registered or certified mail addressed to the parties at the
Page 8 of 9 15 * /2
FACILITY USE AGREEMENT
BETWEEN CITY OF GRASS VALLEY AND
THE FOOD BANK OF NEVADA COUNTY
FOR FOOD DISTRIBUTION
following addresses:
CITY: FACILITY USER: Timothy M. Kiser, PE Food Bank of Nevada County Public Works Director/City Engineer Jennifer Morrill City of Grass Valley 578 Sutton Way, #187 125 East Main Street Grass Valley, CA 95945 Grass Valley, CA 95945
21. MISCELLANEOUS
21.1 This Agreement may create a possessory interest which is subject to property taxation. The party in whom the possessory Interest is vested may be subject to the payment of any property tax levied on such interest FACILITY USER may be subjesuch taxes See Revenue and Taxation Code Section 107.6. dQ
if 21.2 In the event that any condition herein is waived content expressed or implied of CITY, such waiver shall not constitute waiver of that condition in ’ ç futurepor any other condition herein described.
tkl’ IN WITNESS WHEREOF, the parties hereto hdcaused this Agreement tIe executed the day and year first above written. b 1 1"ti d il l
Affl. 0111 U
CITY OF GRASS VALLEY , , FACILITY USER
,it 94 H IP 11 hi,
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