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05-079.00 Spokane Valley Senior Citizens Association N.TEMORAND[Jl~i 4F U~IDFI2STANDI~IG This Memorandum of Understanding (hereinafter "MOU") is entered alto by and bet<~veen the City of Spokane Valley (hereinafter "the City"), and the Spokane Valley Senior Citizens' Association (hereinafter "SVSCA"),.jointly referred to as "Parties". VJ1-IEREAS, the SVSCA has provided valuable services and support for senior citizens in Spokane Valley at the existing Senior Ceirter.f.'aeilitylocated at 11423 )rastMission Ave, since 1976, an d WHEREAS, the Parties desire to clearly identify roles of the City and the SVSCA after the Senior Center moves from its existing location to CenterPlace at Mirabeau Park, located at 2426 ~1orth Discovery Place. . THERI~;FORE, the following understanding is agreed upon, 1. Parties. The parties to this agreement are the City of Spokane Valley, and the Spokane Valley Senior Citizens' Association, anon-profit 501 c-3 corporation. 2. Purpose. The purpose of this MOU is to summarize the tenns and conditions upon which the SVSCA ~~rill provide support and services to senior citizens at CenterPlace. This includes the rights and obligations of the Parties under this MOU. 3. Contact Individuals. The contact person provided by the City of Spokane Valley shall be the Senior Center Specialist. The contact person provided by the SVSCA shall be the President of the SVSCA. 4. Terms of the MOU. a. The City is the owner of the entire CenterPlace facility, including that portion that is comtnonly referred to as "the Senior Wing". b. The City will employ a Senior Center Specialist to coordiiate all programs and activities within the Senior Wing. The Senior Center Specialist shall report to the City Parks and Recreation Director or designee. The Setuor Center Specialise shall not perform SVSCA_ office work or handle SVSCA funds. This section shall not limit the City's ability to exercise discretion in the event that organizational, financial or operational needs require staffing changes. c. No provision in this MOU shall be construed as authority for the SVSCA to preclude entry to the facility by any person, regardless of age. d. The SVSCA shall have non-exclusive use of the Senior Wing to operate programs for senor citizens Monday through Friday, from 8:00 a.m. to 4:00 p.m.. The City will not -1- ~~~~~ charge a facility rental fee in recognition of the mutual benefits provided to the parties in that the SVSCA will have space in which to hold events for its members and general public, as set forth below. The SVSCA shall not rent or sublet space in CenterPlace to third parties. All programs must be available to the general public without limitation to membership status of the SVSCA. Programs and events offered by the SVSCA must have written pre-approval from the City. )/vents and programs may be added or deleted as per mutual agreement behveen both parties. After 4:00 PM and on weekends and holidays, the City of Spokane Valley will rent space in the senor wing to the general public. All revenues generated by rentals will be collected and retained by the City of Spokane Valley. e. Revenue .f.'or Senior Wing rentals and general CenterPlace usage shall be collected and retauied by the City. Revenue collected by the SVSCA for SVSCA-sponsored programs conducted behveen 8:00 a.m. and 4:00 p.m., Monday through hriday, shall be retained by the SVSCA. The SVSCA is not permitted to rent out the premises to groups or individuals at any time. 7hc City shall manage facility rentals and retain any revenue collected for programs held after x:00 p.m. on weekdays, or any time on weekends or holidays. f. Facility space for additional times for senior programs may be made available to the SVSCA upon request from the SVSCA President or designee to the Senior Center Specialist. Upon receipt of such requests, the Parks and Recreation Director or designee will determine, on a case-by-case basis, whether space is available and whether a fee ~~711 be charged for such additional time using the facility. This determuiation will be at the discretion of the Director subject to all City procedures and processes governing this action. g. All programs offered by the SVSCA at CenterPlace shall be open to the general public, but may be restricted to specified age groups, depending on the activity. Provided that, the SVSCA may, from time to tune, conduct SVSCA membership activities such as dinners or banquets. Use of CenterPlace for SVSCA membership only activities shall be limited to no more than four unpaid occurrences per year. h. No later than 4:00 p.m., Monday throw Friday, the SVSCA shall coordinate with City staff to ensure that space is clean and available for evening use by the general public. i. All fees for programs which arc offered by the SVSCA fees must be reasonable as compared with similar fees charged for similar services in Northeast Washington. j. The SVSCA may; at its ov<m discretion, offier a discounted fee for programs for which the SVSCA retains revenues. Such discounted fees may be linked to membership in the SVSCA. Fees paid for SVSCA membership and fees paid by the general public, which are collected and retained by the SVSCA, shall be used for program support. The Cite retains the right to examine fee structures and request changes to ensure -fairness. k. Fees collected by the SVSCA are for programs only. Fees charged by the SVSCA shall not be related to admission to CenterPlace or for use of equipment or facilities which are considered by the City to be available to the general public or segment thereof. -2- 1. Events v<fiich are prunaril}=intended for fundraising, or are considered "private events''; may require a fee for use of CenterPlace facilities, as established by the City. Sales ofcraft items, plant materials or other goods and sen~ices shall be pre-approved by the City Parks and Recreation Director or designee. Items comprised of materials which have been wholly or partially paid for with City funds; shall not be sold by the SVSCA. Funds generated by sales shall be utilized to provide programs for the general public and ma}= not be used to benefit individuals. m. SVSCA v~~ll be provided with non-exclusive, shared office space in room 161 in the Senior Wing. n. The City shall select, train and supervise volunteers and/or employees to staff the front counter of the Senior Wing. o. The Parties recognize that storage space is limited. The City will work with the SVSCA to provide a reasonable amount of onsite storage for items which cannot be reasonably removed by 4:00 p.m. each day. Examples include furniture ar~d band equipment. The SVSCA agrees to minimize items that require storage or to acquire offsite storage at their discretion. Personal property will not be stored at the Senior Wing, except as approved in writing by the Parks and Recreation Director. p. The SVSCA is responsible for purchasing all materials and supplies utilized by its members and visitors to SVSCA programs. The SVSCA is responsible for maintenance of SVSCA-owned equipment. The SVSCA shall be responsible for any costs or fees associated with, or resulting from, any programs offered by the SVSCA. q. At least one telephone will be available in the Senior Wing for SVSCA oiTice staff to use for local calls only. Internet is accessible in CenterPlace. If internet access can be made available to the SVSCA at no additional cost to the City, the City shall provide that access to the SVSCA at no cost. If there is a cost for providing Internet service to the SVSCA, the SVSCA shall provide the City with written notice requesting that Internet service be made available, and that the SVSCA commits to paying for said services until written notification terminating that service is provided at a future date. r. The SVSCA may be permitted use of the kitchen facilities if not in conflict with other allowable activities at CenterPlace. In the event the SVSCA has a catered event, it must use a professional caterer from the list of approved caterers supplied by the City. The SVSCA may use the kitchen to cook for some of its own events, but a request for such use must be made in writing a reasonable amount of time in advance of the date requested. Such use would be limited to certain equipment, as stated by a Cit}= staff member prior to the requested date of use and will comply with all rules and regulations governing kitchen use. Permission to use the kitchen shall at all times be discretionary. Any request to use the kitchen shall be made by the President of the SVSCA or designee or Senior Center Specialist. s. The SVSCA currently owns three pool tables, two snooker tables and one billiard table which are in use at the current Senior Center facility. The SVSCA shall donate all six tables to the City. The City shall maintain the pool tables in a reasonable manner so they can be used -3- for their intended purpose, and steal l be solely responsible for determining the frequency and extent of maintenance. The City reset-~~es the right to dispose of, and/or replace existing pool tables with other recreation equipment as the City may determine is appropriate. t. The SVSCA shall oversee use of the pool room from 8:00 a.m. to 4:00 p.m., Monday through Friday. The tables shall be available to guests at least fifty (50) years of age (or other age as identified by the SVSCA) during those times. No food or drink shall be allowed within hvo feet of any pool table. Food or drink may be permitted only on serving tables provided for such purposes. No fee will be charged by the SVSCA for pool room use during these hours unless specifically approved by the City. u. The City owns and manages the Greenhouse. The SVSCA shall have access to the Greenhouse from 8:00 a.m. to 4:00 p.m., Monday through Friday, unless otherwise notified in writing by the City. The SVSCA may have additional access to the Greenhouse beyond the hours of 8:00 a.m. to 4:00 p.m.; Monday through Friday if requested in writing a reasonable length of time in advance of the requested access. The decision to grant. additional access to the Greenhouse shall be at the discretion of the Parks and Recreation Director. v. All personal property, including kilns, furniture, pianos, and sinilar items currently at the existing Senior Center facility shall become the property of the City upon transfer to CenterPlace, with the exception of any off ce equipment owned or purchased by the SVSCA, which shall continue to be owned and managed by the SVSCA. A written request shall be required to bring SVSCA equipment into the Senior Wing. The personal property owned by the SVSCA that is being transferred to the Senior Wing is contained in Attachment 1, which is incorporated herein by reference. The City shall have sole discretion regarding the surplus or disposal of donated items. w. The City may publish a Department of Parks and Recreation brochure which will include space for seiuor activities, at no additional cost to the SVSCA. If the SVSCA wishes to publish a separate newsletter, or mail brochures to their membership, those costs shall be the responsibility of the SVSCA. x. Alcohol shall not be allowed in the Senior Wing beh~•een 8:00 a.m. and 4:00 p.m., Monday through h'riday. The City Council may, by separate future action, authorize consiunption of alcoholic beverages i.n the Senior Wing. y. The City shall provide custodial, maintenance and security services; and pay for utilities and other facility operations costs, except when specifically stated otherwise. z. The Meals on Wheels program shall be allowred to operate from the Senior ~~-~ing. The terms under which Meals on 1~Vheels operates from the Senior Wing shall be as set forth in a separate agreement between Meals on Wheels and the City. 5. During the term of the contract, the SVSCA shall maintain in force at its own expense, the following insurance: -4- General Liability Insurance on an occurrence basis ~~th a combuied single limit ofnot less than $1,000,000.00 for each occurrence for bodily injury and property damage, and $2,000;000.00 in aggregate coverage. It shall include contractual liability coverage for the indemnity provided under this contract. It shall provide that the City; its officers, employees and agents are additional insureds but only with respect to the SVSCA's services to be provided under the contract; There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverages) without ~~mitten notice from the Contractor or its insurer(s) to the City, with said notice being actually received by the City at least thirty (30) days prior to such an action being taken. As evidence of the insurance coverages required by this contract, SVSCA shall furnish acceptable insurance certifiicates to the City. The certificate shall specify that the City is an additional insured, and ~~ill include applicable policy endorsements, the thirt}° (30) day cancellation clause, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The SVSCA shall be financially responsible for all pertinent deductibles, self.-insured retentions; and/or self-insurance. 6. )each party shall indemnify and hold the other, its officers, employees, agents and volunteers harmless from and against any and al] claims, demands, orders, decrees or judgments for injuries, death or damage to any person or property arising or resulting from any act or omission on the part of said party or its agents; employees or volunteers in the performance of this agreement. 7.~ The Parties hereby reserve the right to alter, amend or modify the terms and conditions of this MOU upon ~~mtten agreement of both Parties to such alteration, amendment or modification. 8. Phis MOi.j may not be assigned or transferred ~~rithout the express written approval of the City. 9. The City reserves the right to unilaterally change the terms of this agreement in the event of a substantial anticipated budget shortfall. In such event, the City commits to making best efforts in providing the SVSCA with advance notice prior to changing any terms of this ageeeanent. 10. The City is precluded by law from the gifting of public funds. This MOU shall not he applied or interpreted in a way that. constit<itcs a gift of public funds (as defined by Washington State Law). City of Spokane Valley S~oka' ~ Iley-z5e Citizens LASS ~ David Mere r Ci Nl;~iager , S SCA President Date: ~,,~/ l`~~ a e: ~I ?ioo -5- r-. _. AT ~S ., Christine Bainbridge, Cite Clerk APPROVEIa AS T O FORM: O ice of e City Atto -6- Attac11171ent 1. Ttems Spokane Valley Senior Association T7onated to the City of Spokane Valley • 44 blue plastic chairs • Sound system for dance floor area & microphone • One Sony radio; CD, and tape player • Bingo supplies • fool room-one Toshiba television with remote and wall mount • Two pianos-one piano bench • Two kilns • Variety of ceramic paints • Pottery wheel • Easels • Three pool tables • Two snooker tables • One billiard table • Pool Cues • One 19 inch Panasonic television, zenith VCR with remote and cart (these items are used for the Driver's refresher course • Ten tall wooden pool stools • Curio cabinet (Ceramics room) • Two first aid kits • Four white light weight rectangular tables • Six- 6 foot gray light weight tables • Five- 8 foot gray light weight tables • Cue rack wall mount for 8 cues • Shop vac for pool tables • Three abacus for keeping score on snooker • Six coffee carafes • Four coffee pots (40-60 cup capacity) • Two punch bowls • White cupboard to store pinochle, bridge, etc. cards and games -7- re: 5; 1./3005 Rilca, ~:JJ P;! ?o: C 3329".+9EE ~~?~ r~~~~ri~~c/ ~,r~ of ~~t~.~ILi°~"Y ~~su~~c ~~:~PRC[tli.ER ~;G9)325-3024 FAQ' ~509)~25-1863 ----"};15C.ERTIFIC.a?'E ;,:ISSUE +ia1oney, O'Nei11, Corkary ~ Jones, Tnt. 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