HomeMy WebLinkAbout102218_ca04 Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Leslie Locke,Executive Assistant
DATE: October 22,2018
SUBJECT: AGREEMENT re: Facility Use Agreement for The Commons at Fort
Worden; In the Amount of$2,060.10; Fort Worden Public Development
Authority
STATEMENT OF ISSUE:
The Jefferson County Commissioners need a large venue to hold a special meeting to: 1) Review the
draft revisions to Comprehensive Plan Update; and 2) Deliberate and potentially take action on the
proposed Commercial Shooting Facility Ordinance. The Commons at Fort Worden has been secured
for Monday, October 29, 2018.
FISCAL IMPACT:
A fee in the amount of$2,060.10 will be paid out of the Non-Departmental Fund.
RECOMMENDATION:
Approve and sign the agreement.
REVIEWED BY:
#011,orley, • ty Adminis r Date:
Event Agreement Addendum i.
Reservation Proposal
Last Modified: Thursday,October 18,2018 ■ ILO
Fort Worden PDA Sales Department .
Sales Manager:Rachel Barbieto&Rachel Mills •
200BatteryWay
Port Townsend,WA 98368 �2L
360-344-4400
PORT TOWNSEND
Group:Jefferson County Commissions Office Deliberation A HISTORIC GATHERING PLACE
Group ID: JCCOPDOct2018
Group Contact:Carolyn Galloway
City&State:Port Townsend,WA
Telephone: 360-385-9122
Email:carolyn@co.jefferson.wa.us
Arrival: 10/29/2018
Departure: 10/29/2018
#of Attendees: Unknown
Meeting Space
Unit Date(s) #Days Rate Total
Commons Grand Ballroom 10/29/18 1 $1,400.00 $ 1,400.00
Total: $ 1,400.00
Tax Meeting Space (9%): $ 126.00
Subtotal: $ 1,526.00
Rentals
Item #Days Rate Quantity Total
Basic PA package (2 Microphones,2 Speakers) 1 $290.00 1 $ 290.00
Stage 1 $200.00 1 $ 200.00
Total: $ 490.00
Tax Rentals(9%): $ 44.10
Subtotal: $ 534.10
Total For Stay: $ 2,060.10
Total Remaining Balance: $ 2,060.10
Deposit Due: $ 2,060.10
*This proposal is not guaranteed until signed,returned,and the deposit has been paid.Prices subject to change after: 10/28/18
*Any changes made to this agreement will require a written request.
Event Agreement
Thursday, October 18, 2018 r �� ,;
Fort Worden Sales Department o4t, �
Sales Manager: Rachel Barbieto & Rachel Mills
200 Battery Way
Port Townsend, WA 98368 7‘1:61 /7...4624.4fr
360-344-4400
Group: Jefferson CountyCommissions Office Deliberation PORT TOWNSEND
N A HISTORIC GATHERING PLACE
Group ID: JCCOPDOct2018
Group Contact: Carolyn Galloway
City &State: Port Townsend, WA
Telephone: 360-385-9122
Email: carolyn@co.jefferson.wa.us
Arrival: 10/29/2018
Departure: 10/29/2018
# of Attendees: Unknown
THEREFORE, IT IS MUTUALLY AGREED THAT:
1. DEPOSIT
In accordance with FORT WORDEN's deposit policies:
A. A deposit is,required to confirm the reservations.The total deposit for this event is $2,060.10
To pay your deposit and confirm the reservations,call the Billing Specialist at 360-344-4400 ext 124 OR mail a check made
payable to Fort Worden PDA.
Please reference your Group ID: JCCOPDOct2018
B. Amount of deposit is based on the first night's room and tax for each reservation.
C. Amount of deposit will be credited to the final bill.
D. Amount of deposit will be applied to all applicable finance charges and/or forfeiture.
E. With prior approval from FORT WORDEN,some Government Agencies and Recognized Political
Sub-groups,i.e.Schools and Hospitals, may submit purchase orders in lieu of cash for deposits and
prepayments.
2. ROOMING LIST
A rooming list is required for all group housing reservations at FORT WORDEN.CLIENTs may choose to either
provide a rooming list sixty (60) days before arrival,or have their guests call the FORT WORDEN Reservations Department to
reserve rooms up to sixty (60) days before arrival.We make every effort to honor special requests.
Please indicate rooming list method below:
0 A rooming list is required and will be provided by the group contact.
Individual participants will confirm reservations by calling Fort Worden reservations
CLIENT may not sublease facilities reserved on their behalf for other events or GROUPs.
3. RATES
Rates are not guaranteed and are subject to change without notice. Rates on this Event Agreement are confirmed once
FORT WORDEN receives,and acknowledges receipt of, the Agreement signed by CLIENT accompanied by the required deposit,
and required insurance (if needed). Any additions to the executed Agreement will be subject to the rates at the time of the
addition.State, county and/or local taxes are applicable.
4. SPECIAL REQUESTS
Special requests are noted and FORT WORDEN will do its best to accommodate, however early check-in,specific units,
locations and/or views cannot be guaranteed.
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5. PAYMENTS
A. CLIENT full payment is due upon or before check in for the planned event.
B. If the event is not paid in full within 30 days of departure,including any charges for cleanup or
damage,a$25.00 administrative fee will be assessed each month on the outstanding balance.
C. If CLIENT has a dispute with the charges on the final bill,those disputes need to be brought to FORT
WORDEN's attention within 15 days of receipt.Otherwise CLIENT will be deemed to have agreed with
final bill.
D. CLIENT must pay final bill upon departure unless FORT WORDEN has agreed in writing to different
payment terms up to 30 days prior to the scheduled event.
E. SAME AS NEW "B"ABOVE.
F. In addition to other fees, 12%annual interest applies to all unpaid balances.
6. OCCUPANCY
A. No facility shall be used for more than the state occupancy capacity in conformance with Washington
State Health and Fire Codes.Maximum capacities are posted in each building and/or are available
upon request.
B. Established maximum occupancy in units is firm and includes all those 4 years-old and older.
7. MINIMUM/MAXIMUM STAY
A. Two nights are required on weekends during Peak Season and Holidays.
B. Guests may stay in accommodations up to 14 nights.
8. CANCELLATIONS
CLIENT's advanced deposit is forfeitable based on the schedule below.
Entire Event Cancelled: Date Amount Forfeited
On or after(0-90 Days Before Arrival, 100%) 7/31/2018 $2,060.10
Deposits will be applied to any cancellation fees according to FORT WORDEN'S Cancellation Policy. If a deposit has not
been received by FORT WORDEN and a cancellation fee is due,CLIENT will be invoiced and agrees to pay the invoice within 30
days of receipt. After 30 days, additional finance charges may be assessed.
9. RENTAL PERIOD
• MEETING ROOMS:Check In 8:30am, Check Out 10pm
Arrival and departure times must conform to the dates and times stated in this Agreement. If any rooms are still occupied at
the designated check out time,CLIENT will be responsible for additional rental fees until the rooms are completely vacated.
For the safety of all guests and visitors from the hours between 10:00 pm and 6:30 am,all activities must remain within the
confines of the user groups rented campsite,overnight accommodation and/or meeting room facility, and must keep noise
levels deemed acceptable by FORT WORDEN.
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10. KEYS
The CLIENT's Group Contact stated on page 1 of this Agreement shall be responsible for the assignment,distribution,and 1
recovery of all facility keys as well as the activities of that Group during their occupancy of each facility. Keys will only be
released to those persons authorized by the Group Contact.CLIENT will be changed a fee for any and all lost meeting event
space or accommodation keys. Fee is not inclusive of tax.
11. ADDITIONAL SET UP FEE
Any change to a room setup that is requested less than 48 hours before the event will be charged a reset fee per change.
12. FOOD SERVICES
All commercial food and beverage service in the Commons,including but not limited to catering, must be provided by FORT
WORDEN, unless approved by FORT WORDEN Management.All other locations may only use alternative food sources on a case-
by-case basis approved in advance in writing by FORT WORDEN Management. In these cases, additional catering fees may
apply.
All groups will adhere to the established policies and procedures as outlined in the FORT WORDEN Catering Policy,which is
hereby incorporated into this Agreement by reference.
13. ALCOHOL
All alcohol consumption at Fort Worden must be done in accordance with FORT WORDEN Alcohol Policy, which is hereby
incorporated into this Agreement by reference. In general, all alcohol sales and service must be provided through FORT WORDEN.
Washington State Law requires a licensed Fort Worden Catering staff member to serve alcohol at all onsite events.
If your event meets one of more of these criteria,all alcohol will need to be purchased through Fort Worden and served by one
of our licensed staff:
A.It is held in the Commons
B.A fee is charged for entrance,or for alcohol consumed on site (i.e.'cash bar').
C. It involves more than 50 guests.
I have read and agree to comply with the alcohol policy.Sign: Date:
14. INTOXICATION AT FORT WORDEN
Being or remaining in,or loitering about in any area of the State Park while in a state of intoxication is prohibited.Any
violation of this section 15 is an infraction under Chapter 7.84 RCW. Permission to consume alcoholic beverages in the meeting
spaces or multi-purpose facilities must be approved by FORT WORDEN. It shall be the responsibility of CLIENT to obtain any
applicable permits and to ensure that the participants do not violate this section of the Agreement. If the Event is open to the
public the CLIENT must monitor the Event participants to ensure no alcohol is being consumed by minors.
15. SMOKING
Smoking is not permitted in any buildings and must be further than 25 feet from all entrances and exits.
16. AUDIO/VISUAL
Room configuration needs and audio visual equipment are available and must be arranged in advance.A nominal rental
fee may be charged. Inventory is limited and is available on a first come first serve basis.
17. DECORATIONS AND SIGNS or ALTERATIONS
Affixing any materials to the walls,floors, ceilings or furnishings via staples,tacks, nails, push pins or anything that penetrates
the walls is prohibited without written permission of FORT WORDEN. CLIENT is encouraged to use string or tape that is removable
without trace to hang decorations.
CLIENTS or their participants shall not alter, construct,remove,destroy,improve or otherwise change any of the buildings,
facilities or grounds at FORT WORDEN. No timber,shrubs,or flowers shall be cut,damaged,destroyed or otherwise altered.
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18. FLAMMABLES
The use of candles or any burning items are prohibited without prior written approval from FORT WORDEN Management.All
approved candles must be in a hurricane glass with the top no shorter than two inches from the flame and may only be burned
while FORT WORDEN staff is servicing the event.
19. RECYCLE
FORT WORDEN is committed to environmental stewardship and encourages recycling. Please use the provided receptacles
for the cleanup of the event.Thank you for assisting us in this endeavor.
20. PARKING
A. Automobiles and other motor vehicles may be driven only on designated roads and will be parked only
in parking lots provided. Posted speed limits and Washington State traffic laws will be observed at all
times within the Campus area.
B. Discover Passes are required to park on the beach,in the campgrounds,trailheads,and all other State
Park grounds.
21. PETS
Pets are not allowed inside any of FORT WORDEN's meeting spaces or common-use buildings with the exception of licensed
service dogs. Up to 2 (two) dogs are allowed in certain housing units with a$30 per day, per dog fee.
22. SECURITY
FORT WORDEN may request CLIENT to obtain and pay for bonded security personnel when valuable merchandise or exhibits
are displayed or held overnight at FORT WORDEN. FORT WORDEN is not responsible for loss or damage to any property the
organization or its guests bring to FORT WORDEN before,during or after the use of the facility.
23. DAMAGE
CLIENT is responsible for return of the facility to the original condition by the end of the rental period. Any damage caused
by CLIENT or CLIENT's participants is the responsibility of CLIENT. If an approved vendor is utilized,it is CLIENT'S responsibility to
ensure departure and/or pick up times are coordinated to restore the facility back to its original condition no later than the end
of the rental period.
24. CLEANUP
All FORT WORDEN facilities and common-use areas shall be maintained in a neat, orderly, and sanitary condition at all times,
and CLIENT shall leave the site clean and in the original condition at the end of occupancy.CLIENT is responsible for removing all
trash to approved locations and dumpsters. Any and all equipment, decorations,food service materials, lighting, etc.,must be
removed upon departure.
Failure to leave the facility and common use area in satisfactory condition may result in forfeiture of the deposit and
additional charges of$50.00 per hour, billable in 1/2 hour increments for cleaning or maintenance. If FORT WORDEN
maintenance crew is called in for an unscheduled cleanup,the CLIENT will be charged a 3 hour minimum fee ($150.00) for
cleaning.
25. LEFT OR LOST ITEMS
While FORT WORDEN will make an effort to save valuable items in its "Lost and Found," FORT WORDEN is not responsible for
items left on premises after the event.
FORT WORDEN assumes no responsibility for loss for damages to personal property.Occupants are responsible for
safeguarding their possessions.
26. CIVIL RIGHTS
In accordance with applicable state and federal laws prohibiting discrimination,no person shall be excluded from
participation in, be denied the benefits of,or otherwise be subjected to discrimination under any program or activity
administered by the user group.
27. EXCLUSIVE SERVICES ADDED AFTER AGREEMENT EXECUTION
"Exclusive Services" are defined as concession and special activities permitted through FORT WORDEN managed areas.The
utilization of "exclusive services" shall be clearly specified in the Event Agreement.When FORT WORDEN adds a new service after
this Agreement is signed, FORT WORDEN shall provide reasonable notice of the service to CLIENT and an opportunity for CLIENT to
accept or reject the new exclusive service.
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28. FREIGHT
Unless stipulated here, and FORT WORDEN accepts no liability for CLIENT's freight at FORT WORDEN.
29. LIABILITY AND INDEMNIFICATION
CLIENT shall defend,indemnify and hold harmless FORT WORDEN,its officials, employees and volunteers from and against
any and all claims,suits, actions or liabilities for injury or death of any person,or for loss or damage to property,which arises out of
or in connection with the CLIENT's activity or event,including use of any premises,or from any activity,work or thing done,
permitted, or suffered by CLIENT in connection with the CLIENT's activity or event,including use of any premises, except only such
injury or damage as shall have been occasioned by the sole negligence of FORT WORDEN.
FORT WORDEN is not responsible for any indirect or consequential damages.
FORT WORDEN assumes no responsibility for guest belongings,and is not responsible for any items or valuables left in the room
upon checkout. FORT WORDEN is not responsible for loss,theft or damage to cars in parking lots.CLIENT agrees that CLIENT is
personally liable for all charges incurred in connection with CLIENT's stay at FORT WORDEN.
CLIENT agrees that CLIENT is responsible for damage to the Fort's facilities and the contents within caused by CLIENT or
CLIENT's party. CLIENT is responsible for charges resulting from the use of FORT WORDEN's facilities.These charges include,but are
not limited to,items that are lost or damaged such as keys, kitchenware,furniture,fixtures and windows. Failure to return keys will
result in a charge per accommodation key and a charge per meeting room facility key or master dorm key not returned. Failure
to comply with FORT WORDEN Rules and Regulations (including excessive noise and smoking in rooms) results in a minimum
$250.00 charge.
30. TERMINATION BY FT.WORDEN
If termination before use occurs is the sole fault of FORT WORDEN, FORT WORDEN will make reasonable efforts to assist the
CLIENT in finding an alternate site and advising attendees of the new location,but shall not be liable to CLIENT for any costs that
CLIENT incurs in finding alternative arrangements, nor shall FORT WORDEN be subject to direct,indirect,consequential,or any
other monetary damages arising from its termination of this Agreement.All deposits and pre-payments made in connection with
the reservation arrangements shall be promptly refunded.
31. PHOTOGRAPHY/VIDEOGRAPHY
I authorize and give permission to the Fort Worden Public Development Authority (FWPDA),its representatives and employees,to
use my likeness in photographs and/videos, and to use, and publish the photographs and/videos in print or electronically for any
lawful purpose,including,publicity,advertising,illustration, and web content. I acknowledge this permission is voluntary,without
compensation,for mutual consideration and benefit,and irrevocable,and that I have no ownership in the photo(s) or video(s). I
release FWPDA,its representatives and employees,and any third parties involved in the publication of materials,from any liability
in connection with this permission
32. OTHER
A. FORCE MAJEURE
Should events beyond the control of FORT WORDEN or CLIENT,such as acts of God,war, curtailment or interruption of
transportation facilities,threats or acts of terrorism or similar acts,State Department travel advisory, civil disturbance,natural
disaster,or any other cause beyond the parties' control,reasonably lead to the conclusion that it would be impossible or
impractical (either because of unreasonable increased costs or risk of injury) for either party to perform their obligations under this
Agreement as they relate to the reservation, either party may cancel this Agreement without liability upon written notice to the
other party. In the event CLIENT and FORT WORDEN agree that CLIENT will hold its meeting at FORT WORDEN despite such
circumstances, FORT WORDEN may, at its discretion, agree to waive any fees related to a reduced-sized meeting (including any
room attrition fees which may be stated in this Agreement).
B. FORT WORDEN'S RESERVED RIGHTS
FORT WORDEN retains the right to make changes in its operating rules and regulations for the safety of and orderly
operation of the Property.
C. CHANGED CONDITIONS
If FORT WORDEN creates any changed condition which materially affects operations or financial performance of the
event or facility,including changes required by act of local ordinance, law or regulatory code, FORT WORDEN shall endeavor to
provide notice within twenty (20) days to the CLIENT describing the nature of conditions and suggested remedy.
If CLIENT proposes any changed condition which materially affects operations or financial performance of the event or
facility,including changes required by act of local ordinance, law or regulatory code, notice shall be furnished within ten (10)
days of obtaining information on changed conditions to FORT WORDEN describing the nature of conditions and suggested
activity.
D. LABOR DISPUTE
If a labor dispute arises involving FORT WORDEN or its concessionaire(s) is reasonably anticipated to materially disrupt or
interfere with CLIENT'S use of the facilities or quality of service to be provided under this Agreement,CLIENT shall have the right to
cancel this Agreement without any liability upon written notice to FORT WORDEN.
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E. CONSTRUCTION, RENOVATION,AND DETERIORATION IN QUALITY
In the event that FORT WORDEN will be undergoing any major construction or renovation,or suffers a substantial
deterioration in the quality of facilities or services during the scheduled meeting dates that will have a substantial and negative
effect on CLIENT and the scheduled event, FORT WORDEN shall notify CLIENT and take all reasonable steps in FORT WORDEN'S
determination to mitigate any potential disturbance of CLIENT. If,in CLIENT'S reasonable judgment,such construction or
renovation may unreasonably affect the use of the facilities or the quality of service to be provided under this agreement,and
FORT WORDEN and CLIENT have not been able to reach mutually agreed alternative arrangements, CLIENT may provide 90 days'
notice of its intent to cancel this Agreement and receive a full refund. If FORT WORDEN determines the change in conditions
cannot be reasonably remedied in its determination,then FORT WORDEN may cancel this Agreement without liability upon
written notice to the other party.
F. OTHER FORT WORDEN EVENTS
FORT WORDEN shall endeavor to provide disclosure of other events scheduled in the facility over the same or
overlapping dates of the CLIENT'S event at the time of negotiating this Agreement and in addition upon request of the CLIENT.
Both CLIENT and FORT WORDEN shall take reasonable steps to avoid creation of events which may be a conflict of interest and
impact either party. However,if potential impacts occur,the parties should negotiate appropriate remedies. FORT WORDEN
reserves the right to terminate impacting events or activities if all other reasonable accommodations do not lead to a
compromise and if in FORT WORDEN'S reasonable judgment the conflict is serious enough to warrant the termination of the
event. In this event,termination is without liability to FORT WORDEN.
G. COMPLIANCE WITH FEDERAL, STATE, MUNICIPAL LAW,AND FORT WORDEN POLICIES AND DIRECTIVES
CLIENT shall abide by all federal,state, municipal laws,and Fort Worden policies,including non-discrimination laws while
staying and/or visiting FORT WORDEN.
In the event FORT WORDEN determines that any of CLIENT's actions are in violation of law or policy,it may direct CLIENT
to immediately cease the activity in question. In the event CLIENT fails to immediately comply, CLIENT's use ay be terminated
without further liability to FORT WORDEN (except for any refunds that may be due).
H. AMERICANS WITH DISABILITIES ACT(ADA)
FORT WORDEN is responsible for compliance with the ADA for public areas within its facility,in previously identified ADA
accessibility of sleeping rooms,function space, rest rooms,restaurants, etc. CLIENT is responsible for compliance with the ADA for
function space setups, accommodation of attendees' special needs (e.g.,sign language Interpreter, printed materials and signs
in Braille,materials in oversize print).
CLIENT shall attempt to identify in advance any special needs of disabled attendees,faculty and guests required
accommodation by FORT WORDEN and will notify FORT WORDEN of such needs for accommodation as soon as they are
identified to CLIENT. Whenever possible, CLIENT shall copy FORT WORDEN on correspondence with attendees who indicate
special needs as covered by ADA. FORT WORDEN shall notify CLIENT of requests for accommodation which it may receive other
than through CLIENT,to facilitate identification by CLIENT of its own accommodation obligations or needs as required by ADA.
I. CLAIMS AND DISPUTES
Except as otherwise provided in this Agreement,when a dispute arises between the parties and it cannot be resolved
by direct negotiation,the parties agree to participate in mediation in good faith.The mediator shall be chosen by agreement of
the parties. If the parties cannot agree on a mediator,the parties shall use a mediation service that selects the mediator for the
parties.The parties agree that mediation shall precede any legal action.The cost of mediation shall be shared equally.
Nothing in this Agreement shall be construed to limit the parties'choice of a mutually acceptable alternative resolution
method such as arbitration.
J. MANDATORY DISCLAIMER
The Fort Worden Lifelong Learning Center Public Development Authority is organized pursuant to Ordinance No.3018 of
the City of Port Townsend,Washington adopted on September 8,2009 as existing or as hereinafter amended and RCW 35.21.730
through 35.21.755 RCW 35.21.750 provides as follows: "All liabilities incurred by such Authority and no creditor or other person shall
have any right of action against the city creating such Authority on account of any debts, obligations or liabilities of such
Authority."
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K. ATTORNEY'S FEES
If any litigation is brought to enforce any term, condition, or section of this Agreement,or as a result of this Agreement in
any way,the prevailing party shall be awarded its reasonable attorneys' fees together with expenses and costs incurred with
such litigation,including necessary fees, costs, and expenses for services rendered at both trial and appellate levels, as well as
subsequent to judgment in obtaining execution thereof.
In the event that the parties engage in arbitration, mediation or any other alternative dispute resolution forum to resolve
a dispute in lieu of litigation, both parties shall share equally in the cost of the alternative dispute resolution method,including cost
of mediator or arbitrator. In addition, each party shall be responsible for its own attorneys' fees incurred as a result of the
alternative dispute resolution method.
L. GOVERNING LAW AND VENUE
This agreement shall be governed by the laws of the State of Washington.The venue of any action brought hereunder
shall be in Jefferson County,Washington.
M. INCORPORATION BY REFERENCE
The following documents are adopted by reference:
i. Reservation Summary
H. Fort Worden Alcohol Policy
iii. Fort Worden Cancellation Policies
iv. Fort Worden Fees & Rate Sheet
v. Fort Worden Catering Policies
vi. Rooming List
vii. Addendum: Exceptions and/or Additions to this Agreement
33. ENTIRE AGREEMENT
This Agreement,including those documents incorporated by reference within this Agreement, constitutes the entire
agreement between the parties, and supersedes all prior oral or written agreements, commitments, or understandings
concerning the matters provided for herein.This Agreement may only be modified by a writing signed by the FORT WORDEN
Management and CLIENT.
By signing herein for CLIENT, I certify that I am duly authorized by CLIENT to sign for CLIENT and bind CLIENT to the
terms of this Agreement:
Name: (Sign)
Name: (Print)
Date:
Fort Worden Public Development Authority is a Charter of the City of Port Townsend acting as a public corporation.Our mission is to be
financially self-sustaining, and to infuse the Fort with the beauty and energy that allows it to reach its potential as a gathering place for
individuals, families and groups who seek enrichment and discovery through life-long learning.
/ ( /WGulf
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