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HomeMy WebLinkAboutFort Worden, PDA - The Commons - 112619Event Agreement Friday, November 22, 2019 Fort Worden Sales Department 200 Battery Way Port Townsend, WA 98368 360-344-4400 Account Manager: Rachel Mills or Julie Brown Group: Jefferson Co Commissioners Office Special Hearing 2019 Group ID: JCCOSHDec2019 Group Contact: Carolyn Galloway (deputy cerlk of the board) City & State: Port Townsend, WA Telephone: 385-9122 Email: carolyn@co.jefferson.wa.us x — PORT TOWNSEND — A HISTORIC GATHERING PLACE Arrival: 12/9/2019 Departure: 12/9/2019 # of Attendees: 250+ 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 $1,526.00 To pay your deposit and confirm the reservations, call the Accounts Receiveable at 360-3444400 ext 124, email ar@fortworden.org, OR mail a check made payable to Fort Worden PDA. Please reference your Group ID: JCCOSHDec2019 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. GUESTs may choose to either provide a rooming list thirty days before arrival, or have their guests call the FORT WORDEN Reservations Department to reserve rooms up to thirty days before arrival. We make every effort to honor special requests. Please indicate rooming list method below: q* ❑� A rooming list is required and will be provided by the group contact. ���`/y/%�/1,V) ❑ Individual participants will confirm reservations by calling Fort Worden reservations GUEST 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 GUEST 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. 2of8 S. PAYMENTS A. GUEST 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 GUEST 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 GUEST will be deemed to have agreed with final bill. D. GUEST 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. Nk7. 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. CANCELLATIONS GUEST'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%) 9/10/2019 $1,526.00 A non-refundable administrative fee of $25 will be assessed for any change to any reservation, which may include room changes, name changes, date changes, etc. 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, GUEST 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 ACCOMMODATIONS: Check In 4pm, Check Out 11am VENUES: 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, GUEST 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. 3of8 10. KEYS The GUEST's Group Contact stated on page 1 of this Agreement shall be responsible for the assignment, distribution, and 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. GUEST will be charged a fee for any and all lost venue or accommodation keys. Fee is not inclusive of tax. 11. ADDITIONAL SETUP 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 Warden 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 Warden 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. l have read and agree to comply with the alcoho/policy Sig : Date: G, ( 7 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 GUEST 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 GUEST 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. AUDIOVISUAL 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. GUEST is encouraged to use string or tape that is removable without trace to hang decorations. GUESTS 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. 4of8 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 GUEST 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 GUEST is responsible for return of the facility to the original condition by the end of the rental period. Any damage caused by GUEST or GUEST's participants is the responsibility of GUEST. If an approved vendor is utilized, it is GUEST'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 GUEST shall leave the site clean and in the original condition at the end of occupancy. GUEST 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 GUEST 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 GUEST and an opportunity for GUEST to accept or reject the new exclusive service. 5of8 28. FREIGHT Unless stipulated here, and FORT WORDEN accepts no liability for GUEST's freight at FORT WORDEN. 29. LIABILITY AND INDEMNIFICATION GUEST 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 GUEST's activity or event, including use of any premises, or from any activity, work or thing done, permitted, or suffered by GUEST in connection with the GUEST'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. GUEST agrees that GUEST is personally liable for all charges incurred in connection with GUEST's stay at FORT WORDEN. GUEST agrees that GUEST is responsible for damage to the Fort's facilities and the contents within caused by GUEST or GUEST's party. GUEST 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 GUEST in finding an alternate site and advising attendees of the new location, but shall not be liable to GUEST for any costs that GUEST 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. PHOTOGRAPHYIVIDEOGRAPHY 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 MAIEURE Should events beyond the control of FORT WORDEN or GUEST, 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 GUEST and FORT WORDEN agree that GUEST 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 WORDEW'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 days to the GUEST describing the nature of conditions and suggested remedy. If GUEST 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 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 GUEST'S use of the facilities or quality of service to be provided under this Agreement, GUEST shall have the right to cancel this Agreement without any liability upon written notice to FORT WORDEN. 6of8 E. CONSTRUCTION, RENOVATION, AND DETER/ORATION 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 GUEST and the scheduled event, FORT WORDEN shall notify GUEST and take all reasonable steps in FORT WORDEN'S determination to mitigate any potential disturbance of GUEST. If, in GUEST'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 GUEST have not been able to reach mutually agreed alternative arrangements, GUEST 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 withoutdiability 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 GUEST'S event at the time of negotiating this Agreement and in addition upon request of the GUEST. Both GUEST 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 POLICIESAND DIRECNVES GUEST 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 GUEST's actions are in violation of law or policy, it may direct GUEST to immediately cease the activity in question. In the event GUEST fails to immediately comply, GUEST's use ay be terminated without further liability to FORT WORDEN (except for any refunds that may be due). H. AMERIG4NS 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. GUEST 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). GUEST 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 GUEST. Whenever possible, GUEST shall copy FORT WORDEN on correspondence with attendees who indicate special needs as covered by ADA. FORT WORDEN shall notify GUEST of requests for accommodation which it may receive other than through GUEST, to facilitate identification by GUEST of its own accommodation obligations or needs as required by ADA. I CLAIMSAND 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. !. MANDATORYDISCLAIMER 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." 7of8 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 LA WAND 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. INCORPORAT/ON BYREFERENCE The following documents are adopted by reference: i. Reservation Summary ii. 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 GUEST. By signing herein for GUEST, I certify that I am duly authorized by GUEST to sign for GUEST and bind GUEST to the terms of this Agreement: Name: (Sign) Name: (Print) , .�iP Cm��� .1 ! cr�� �tvs A -4—h .s5 Date: 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. 8of8 CONTRACT REVIEW FORM CONTRACT WITH: Fort Worden Public Development Authority ELC (� �jj c' — (Contractor) CONTRACT FOR: Facility Use Agreement for The Commons TERM: Ends 12/9/19 AMOUNT: Not to Exceed $2,436.15 PROCESS: Revenue: Expenditure: Matching Funds Required: Source(s) of Matching Funds: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Step 1: REVIEW BY RISK MANAG Review by: Date Reviewed: �llp Ile Ri APPROVED FORM Comments: * ct MReturned for revision Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: �J • i� • ( -- Date Reviewed: APPROVED AS TO FOR Returned for revision (See comments) Comments: Step 3: DEPARTMENT MAKES REVISIONS Have contractor sign appropriate number of originals. Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)