HomeMy WebLinkAboutContract CAG-20-012
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FACILITY USE AGREEMENT FOR FIRST TEE OF GREATER SEATTLE
THIS AGREEMENT, dated January IU 2020, is by and between the City of Renton (the "City"), a
Washington municipal corporation, and The First Tee of Greater Seattle ("TFT"), a Washington
Limited Liability Corporation. The City and TFT are referred to collectively in this Agreement as
the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date
signed by both parties.
1. Use
The City gives to TFT a non-exclusive use, subject to the terms and conditions of this
Agreement the use of the Maplewood Golf Course Driving Range for sole the purpose of
conducting a series of three (3)golf clinics subject to the attached Exhibit A.
2. Time of Use:
A. TFT will hold the clinics subject to attached Exhibit A on the following Sunday
dates and times:
January 12, 2020
January 19, 2020
January 26, 2020
February 9, 2020
February 16, 2020
February 23, 2020
MAPLEWOOD GC
Sunday
Start End Level
10:30 11:30 Birdie & Eagle (11+)
12:00 1:00 Par(9+)
1:30 2:30 Player 1, 2 &3 (7+)
B. The Parties may agree to modify the dates and times as needed.
3. Compensation:
A. TFT shall pay one hundred and fifty ($150) for each one hour clinic session.
Additional Fees may apply as determined by City.
B. Billing and Invoicing:
1. TFT staff members track daily attendance and usage of golf course
facilities,this information will also be reported to the golf shop at day's end.
2. Invoices are reported and paid on a bi-monthly basis. Invoices are sent by
email from the Program Director to the General Manager and/or Head Golf
Professional for review. Checks are then sent the following week.
4. Termination:
A. Either Party may terminate this Agreement at any time, with or without cause by
giving ten (10)calendar days' notice to the other party in writing without cost of penalty.
B. In the event of an emergency the City reserves the right to terminate this
agreement effective immediately without cost or penalty.
5. Record Maintenance:TFT shall maintain accounts and records, which properly reflect all
direct and indirect costs and the use in this Agreement and retain such records for as long
as may be required by applicable Washington State records retention laws, but in any
event no less than six years after the termination of this Agreement.TFT agrees to provide
access to and copies of any records related to this Agreement as required by the City to
audit expenditures and charges and/or to comply with the Washington State Public
Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the
expiration or termination of this Agreement.
6. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,TFT shall make a due diligent search of all
records in its possession or control relating to this Agreement and provide them to the
City for production. In the event TFT believes said records need to be protected from
disclosure, it may, at TFT's own expense, seek judicial protection. TFT shall indemnify,
defend, and hold harmless the City for all costs, including attorneys' fees, attendant to
any claim or litigation related to a Public Records Act request for which TFT has responsive
records and for which TFT has withheld records or information contained therein, or not
provided them to the City in a timely manner. TFT shall produce for distribution any and
all records responsive to the Public Records Act request in a timely manner, unless those
records are protected by court order. The provisions of this section shall survive the
expiration or termination of this Agreement.
7. Independent Contractor Relationship:
A. TFT is an independent party to this Use Agreement and is not a contractor or
employee of the City.
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B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance Program,or
otherwise assuming the duties of an employer with respect to TFT or any employee of
TFT.
8. Hold Harmless: TFT agrees to release, indemnify, defend, and hold harmless the City,
elected officials, employees, officers, representatives, and volunteers from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings,
judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties,
expenses,attorney's or attorneys'fees,costs,and/or litigation expenses to or by any and
all persons or entities,arising from, resulting from,or related to the negligent acts,errors
or omissions of TFT in its performance of this Agreement or a breach of this Agreement
by TFT, except for that portion of the claims caused by the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration,improvement,etc.,of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the TFT
and the City, its officers, officials, employees and volunteers, TFT's liability shall be only
to the extent of TFT's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute TFT's waiver of immunity under the Industrial Insurance Act,
RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually
negotiated and agreed to this waiver. The provisions of this section shall survive the
expiration or termination of this Agreement.
9. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law, TFT shall not give a gift of any kind to City
employees or officials. TFT also confirms that TFT does not have a business interest or a
close family relationship with any City officer or employee who was, is,or will be involved
in negotiating or administering this Agreement.
10. City of Renton Business License: The TFT shall obtain a City of Renton Business License
prior to holding any clinics and maintain the business license in good standing throughout
the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portaIId=7922741&pageld=9824882
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PAGE 3 OF 8
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
11. Insurance: TFT shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of$1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. Workers' compensation coverage, as required by the Industrial Insurance laws of
the State of Washington, shall also be secured.
C. Commercial Automobile Liability for owned, leased, hired or non-owned, leased,
hired or non-owned, with minimum limits of$1,000,000 per occurrence combined single
limit, if there will be any use of TFT's vehicles on the City's Premises by or on behalf of the
City, beyond normal commutes.
D. TFT shall name the City as an Additional Insured on its commercial general liability
policy on a non-contributory primary basis. The City's insurance policies shall not be a
source for payment of any TFT's liability, nor shall the maintenance of any insurance
required by this Agreement be construed to limit the liability of TFT to the coverage
provided by such insurance or otherwise limit the City's recourse to any remedy available
at law or in equity.
E. Subject to the City's review and acceptance,a certificate of insurance showing the
proper endorsements, shall be delivered to the City before holding any clinics.
F. TFT shall provide the City with written notice of any policy cancellation,within two
(2) business days of their receipt of such notice.
12. Successors and Assigns: Neither the City nor TFT shall assign, transfer or encumber any
rights, duties or interests accruing from this Agreement without the written consent of
the other.
13. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party),and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
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CITY OF RENTON TFT
Doug Mills, Manager, Maplewood GC Evan Johnsen
4050 Maple Valley Highway Sr. Program & Dev Director
Renton,WA 98058 P.O. Box 31020
Phone: (425) 430-6803 Seattle, WA 98103
dmills@rentonwa.gov Phone: (206) 762-2334
evan@TheFirstTeeSeattle.org
www.TheFirstTeeSeattle.org
14. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the TFT agrees as follows:
A. TFT, and TFT's agents, employees, representatives, and volunteers with regard
to the Work/clinics performed or to be performed under this Agreement, shall not
discriminate on the basis of race, color, sex, religion, nationality, creed, marital status,
sexual orientation or preference, age (except minimum age and retirement provisions),
honorably discharged veteran or military status, or the presence of any sensory, mental
or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment,
the administration of the delivery of Work/clinic or any other benefits under this
Agreement, or procurement of materials or supplies.
B. The TFT will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race,creed,color,
national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or
marital status.Such action shall include, but not be limited to the following employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation and selection for training.
C. If the TFT fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in whole
or in part.
D. The TFT is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project,
which includes but is not limited to fair labor laws,worker's compensation,and Title VI of
the Federal Civil Rights Act of 1964,and will comply with City of Renton Council Resolution
Number 4085.
15. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for TFT.
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B. TFT will not be reimbursed for job related expenses.
C. TFT shall furnish all tools and/or materials necessary to host the clinics.
D. In the event special training, licensing, or certification is required for TFT to
provide Work/clinic he/she will acquire or maintain such at his/her own expense and, if
TFT employs, sub-contracts, or otherwise assigns the responsibility to perform the Work,
said employee/sub-contractor/assignee will acquire and or maintain such training,
licensing,or certification.
E. This is a non-exclusive agreement and TFT is free to provide his/her Work/clinic to
other entities.
F. TFT is responsible for his/her own insurance, including, but not limited to health
insurance.
G. TFT is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the TFT.
16. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and TFT represents and warrants that such individuals are duly authorized to execute and
deliver this Agreement on behalf of the City or TFT.
B. General Administration and Management. The City's project manager is Doug
Mills, Manager, Maplewood Golf Course. In providing Work/clinic, shall coordinate with
the City's contract manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between TFT proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this
Agreement are incorporated by reference only to the extent of the purpose for which
they are referenced within this Agreement.To the extent a TFT prepared exhibit conflicts
with the terms in the body of this Agreement or contains terms that are extraneous to
the purpose for which it is referenced, the terms in the body of this Agreement shall
prevail and the extraneous terms shall not be incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
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Renton. TFT and all of the TFT's employees shall perform the Work/clinic in accordance
with all applicable federal, state, county and city laws, codes and ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one party
or the other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce
or interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice Center
in Kent, King County, Washington, or its replacement or successor. TFT hereby expressly
consents to the personal and exclusive jurisdiction and venue of such court even if TFT is
a foreign corporation not registered with the State of Washington.
H. Severability. A court of competent jurisdiction's determination that any provision
or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement,which shall remain in full force and effect.
Sole and Entire Agreement.This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of the Parties and no one else.
K. Binding Effect. The Parties each bind themselves, their partners, successors,
assigns, and legal representatives to the other party to this Agreement, and to the
partners, successors, assigns, and legal representatives of such other party with respect
to all covenants of the Agreement.
L. Waivers. All waivers shall be in writing and signed by the waiving party. Either
party's failure to enforce any provision of this Agreement shall not be a waiver and shall
not prevent either the City or TFT from enforcing that provision or any other provision of
this Agreement in the future. Waiver of breach of any provision of this Agreement shall
not be deemed to be a waiver of any prior or subsequent breach unless it is expressly
waived in writing.
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M. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON TFT
By: By: — y—V 56
Kelly Beym % Enter '. : s Name
Comm unity Services Administrator Enter Signer's Title
140 /1-0 /202-c>
Date Date
Approved as to Legal Form
By:
Shane Moloney
City Attorney
Non-standard facility agreement(1085)clb
PAGE 8 OF 8
(.� January 3, 2020
The'-,
First''Tee'
`Greater Seattle , EXHIBIT A to The First Tee of Greater Seattle
Facility Use Agreement
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Our Mission
To impact the lives of young people from all backgrounds by providing educational programs that build
character, instill life-enhancing values and promote healthy choices through the game of golf.
Winter Clinic Series
• During January and February, clinics will be held at the times below for 3 consecutive weeks.
• Clinics are led by a PGA golf instructor(or equivalent experience)either on staff or on contract with Maplewood
Golf Course.
• Clinics are supported by at least one, if not two, coaches from The First Tee, with the goal of a 4:1 ratio (players
to coaches)or better.
• The fee paid by The First Tee to Maplewood GC for each one hour clinic will be$150.00(one hundred fifty
dollars).Additional fees per clinic may apply, as determined by Maplewood GC. (Fee for range balls not
included)
• The clinic schedule will be,and to be adjusted only based on the number of youth registrations,January(12, 19
& 26) and February(9, 16&23):
MAPLEWOOD GC
Sunday
Start End Level
10:30 11:30 Birdie & Eagle (11+) _
12:00 1:00 Par (9+)
1:30 2:30 Player 1, 2 & 3 (7+)
Daily Operations
• All programming is coordinated by the Program Director and at least one on-site staff or TFT employee ("Lead
Coach" or"Site Coordinator").
• All youth and families check in with and are fully supervised by TFT staff. (Check-in at Driving Range Lobby)
• All facility use is first approved by golf course staff and management.
Safety and Insurance
• Safety is#1 at The First Tee of Greater Seattle.Coaches and volunteers are trained to teach and ensure a safe
learning environment for the students, instructors,and general public.
• The First Tee of Greater Seattle is fully licensed and insured (certificate provided separately as attachment).
• Coaches and volunteers of The First Tee of Greater Seattle are provided First Aid &CPR certification through the
American Red Cross,as well as in-house trainings on safety measures and child care.This includes, but is not
limited to: emergency care,special needs, allergies, and concussion protocol.
Use of Facilities
• The First Tee teaches"respect"as its first and most important Core Value.
• TFT students and staff hold themselves to the highest standard in care and etiquette for the golf course.
o TFT is a learning program, so youth are on the learning curve and will not always act perfectly, but any
misbehaviors or mistakes will be addressed in a positive and constructive way by a TFT staff member.
o TFT staff include care and etiquette in every class lesson, so fixing pitch marks and divots is a regular
part of daily programming.
• Practice Greens:
o TFT will always strive to show the utmost respect for practice greens and its other users.
o Lessons and drills may utilize props and materials on the green, but our goal is to always leave plenty of
space for other users. Our general rule of thumb is to use no more than 50%of any practice green.
o Lessons are designed to begin off the green and only transition once players have been introduced to
the expectations and are in "putting" mode.
• Driving Range:
o TFT will always strive to show the utmost respect for the driving range and its other users.
o Except in special circumstances,TFT will:
• Reserve and use no more than 6 stations at the driving range.
• Have students partner up; 2 students per station.
• Dispense and provide their own golf balls for programming. (TFT will purchase range cards for
the purpose of dispensing Maplewood Range Balls).
• Favor areas of lower traffic for the public(where there is less demand).
Benefits of Hosting The First Tee
• Food and Beverage
o Before,after, and during youth programming, we recommend to families that they dine at the course.
During these hours,the restaurant can expect some additional traffic.
• Rounds and Greens Fees
o For youth and their families who play golf outside of programming hours,we encourage them to play at
the host golf course.We are glad to share information regarding memberships, passes,and golf
promotions with our participant families.
• Instruction
o Particularly during the Winter Clinic Series, participants and families will become more familiar with
instructors and the instructional program at the host facility. Outside of programming hours,juniors and
their families may choose to schedule private or group lessons with an on-site teaching professional.
• Culture
o The First Tee teaches respect as the#1 core value, and continues with nine total core values and a
curriculum based on developing interpersonal skills,goal-setting,and leadership.As students progress
and develop these skills,they also become better patrons of the facility and more productive members
of the golfing society! Participants gain an understanding of course operations, pace of play,
maintenance of the course and facility,and how to be a contributing member of the culture.
• Community Good
o The First Tee is a nonprofit youth development organization helping to create better golfers, people, and
citizens.Those who are familiar with The First Tee have a strong positive association with the
organization and show a great appreciation for its supporting golf facilities, businesses,and donors. In
other words, any friend of The First Tee's becomes a friend of yours!
Other
• Communications: Our goal is to maintain active and timely communications with golf course management and
staff.The Program Director is always the main point of contact anytime, but other TFT staff may be the
immediate and best point of contact during programming hours.
This Memorandum is hereby endorsed:
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Evan Johnsen
Senior Director of Programs& Development
The First Tee of Greater Seattle
ft4rdzst(0%- --
Doug
General Manager
Maplewood Golf Course
Evan Johnsen
Director of Programs& Development
The First Tee of Greater Seattle
Direct: 425.503.4851 f Office: 206.762.2334
www.thefirstteeseattle.org I evan@thefirstteeseattle.org
Facebook @tftseattle #tftseattle
Our Mission: To impact the lives of young people from all backgrounds by providing educational programs that build
character, instill life-enhancing values and promote healthy choices through the game of golf.
Th )
First Tee
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