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HomeMy WebLinkAbout01- Bozeman Senior Citizen Center Management Agreement THIS MANAGEMENT AGREEMENT hereinafter referred to as "Agreement," made and entered into this ___~_ day of Apri 120Q].by and bctween the City of Bozeman, a municipal corporation of thc State of Montana whose offices are located at 4 I I East Main Street, Bozeman, Montana 59715, hereinafter referred to as "City," and the Bozeman Senior Citizen Center, a non-profit corporation, with a mailing address of 807 North Tracy Avenue, Bozeman, Montana 59715, hereinafter referred to as "Management"; WHEREAS the City is owner of all of that building and grounds known as the Bozeman Senior Citizen Ccnter, hereinafter referred to as "Center," located at 807 N. Tracy Avenue; and WHEREAS thc Ccnter requires an able and experienced operator to manage the Center; and WHEREAS thc Parties acknowledgc that Management is able and cxperieneed in operating and managing such facilities and is ready, willing and able to manage the Center. WITNESSETH It is mutually understood and agreed by and bctwccn the parties hereto as follows: I. Premisl's The City, in consideration of the agreement of performance made by Management, docs hereby enter into an Agreement with Management for the management of the building known as the Bozeman Senior Citizens Center located at fl07 NOl1h Tracy A venue and described herein as the Center. 2. Terms: Unless sooner tcrminaled in accordance with this Agreement, Management shall manage the Center for a period of not less than two (2) years from the date of this Agreement. Managcmcnt will have the right, at its option, to extend the term of the Agreement for an additional term of two (2) years. Management must give the City written notice of its intention to do so hy registered mail addressed as set forth in this Agreement at least sixty (60) days prior to the termination of the Agreement. Such notice shall he sent hy I registered mail at the address set forth in this Agreement. 3. Utilities: The City will maintain in its name and pay for water and sewer, garbage, electrical and gas services. Management shall be responsible for all other serviccs including but not limited to telephone, internet, cable or satellite television which, in its discrction, it feels are necessary to improvc its service to its customers. 4. Care of Center A. Management will, at its own expense, provide full janitorial service to the building. Management will provide for and maintain the entire building in satisfactory working condition including, but not limited to, heating, plumbing, light tlxtures and bulbs. Except as specifically provided in this Agreement, Management will be responsible for snow removal for all sidewalks surrounding the building. B. Management may not make any improvements, changes or alteration to the building or its structure nor place any signs on the exterior of the building or the prcmiscs wilhout first having obtained written consent of the City Manager or his appointed designee. Should the City Manager deem it necessary, the City Manager may request a hearing before the City Commission for a decision on any requests for improvements, changes or alterations to the building. Any installcd improvcments, changes or alterations to the building become a permanent part of the Center. C. The City will maintain the grounds surrounding the Center, including but not limited to, lawn care and removal or snow from the parking lot and from perirneter sidewalks adjacent to the streets. Management will be responsible for the snow removal, care and maintenance of all sidewalks not specifically mentioned in this section. Management further agrees to maintain and care for all thosc areas of lawn surrounding the Center which, due to landscaping by Management, the City's deekmowers arc unable to properly maintain. 2 D. Upon termination of the Agreement, Management will deliver possession of Center and all appurtenances to the City in good condition and state of repair including any property purchased with City funds or donated to the City. Any property owned by Management and not attached to the Center shall belong to Management. E. Management will keep the property free of all liens during the existence of this Agreement or any renewals thereof and it is expressly agreed that the City is not liable for any obligation incurred on or in connection with the premises by Management unless otherwise provided. It is agreed that no liens may be filed against the City's interest by reason of such obligation. 5. Use of the Premises: A. The parties mutually agree and understand that Management will manage the premises as a senior citizens' social center, including the establishment of rules for the use of the Center. Management further agrees it will not use or permit the use of the premises contrary to any valid laws of the State of Montana and the City or Bozeman. Management flllther agrees to submit any rules for the use of the Center to the City ror approval. n. Management will schedule and coordinate the activities of all senior citizen organizations using the Center, the rental of all orfiees or leasing of any space within the Center. Any non-senior functions may be scheduled by Management but only so long as it does not conflict with other senior activities. Should a contlict occur, senior activities shall have preference. C. Three office spaces arc available in the Center and may be available to agencies providing services to senior citizens. Management will be responsible for the rental of these office space with approval by the City Commission. The City will have the right to refuse rental to any organization. However, in no event will any person(s) or organization be excluded from palticipatioll ill, or be denied the benefits of, or be :) subjected to discrimination under any program or activity carried out or conducted in the Center or upon its grounds on the basis of race, sex, sexual preference, color, age, national origin, marital status, handicap, religion, membership or any other constitutionally recognized right. D. The City will establish the amount of all rental charges and fees for the use of the Center; Management will then be responsible for the collection of said rent. In exchange for collecting the rents, Management will be allowed to keep 1/2 of all rents collected with the other 1/2 being deposited with the City's Finance Department on a monthly basis. E. Management will be responsible for organizing, assigning and providing limited storage spacc for senior citizen organizations who desire to keep property, equipment and supplies at the Center. However, Management is not responsible for security for any storage space assigned and used by other persons or organizations and may delegate that responsibility to those organizations. 7. Default In the event Management fails to satisfactorily fulfill any of the covenants contained in this Agreement, the City shall notify Management in writing of the default. Management will then have sixty (CiO) days to remedy the default. Should Management fail to successfully correct the default, the City may then, without further notice, remove Management and take full possession of the Center. Said remedy is not exclusive and the City may exercise any other rights authorized by State law. 8. Indemnification; Insurance A. Management agrees to indemnify and save the City, the City's agents or employees harmless from any and all liability, damage, expense, cause of action, suits, claims or judgements resulting from any injury to persons or property, including reasonable attoll1eys fees, occurring on or within the premises or on the adjoining property which arises of any act, failure to act, or negligence of Management, Management's 4 agents, employees, invitees or guests. n. Management fUliher agrees that it will, at all times during the term of this Agreement, maintain comprehensive general liability insurance affording protection to the City and Management, nanling the City as an "additional insured" under the policy or policies for combined bodily injury and property damage limit of liability of not less than One Million, Five Hundred Thousand ($1 ,500,OOO'(lO) Dollars for each occurrence. Management shall secure and furnish to the City certificates of insurance within thirty (30) days of executing this Agreement and on an annual basis thereafter. 9. Property Insurance The City agrees that it will keep insurance on the shell of the building and all fixtures in an amount it deems necessary. Hoth palties agree, in consideration of the terms of the Agreement, that neither party will be responsible to the other for real or personal property loss or damage caused by fire. 10. Cancellation of the Agreement A. Except as provided herein, either party may terminate this Agreement with written notice not less than one hundred eighty (I RO) days prior to the intended termination date. Said notice will he sent certi fied, return receipt requested to the address listed in paragraph 11. n. The City may terminate this Agreement immediately for cause. Cause is defined as allowing illegal activities to be conducted in or upon the premises, to allow other violations of law to occur in or upon the premises, or to cause a lien to be filed upon the premises. C. The City may terminate this Agreement for failure to follow the terms of this Agreement. Said termination will follow the procedures set forth in paragraph 7. Default. II. Miscdl:uU'ous COVl~nants and Provisions A. Management agrees to conform to reasonable regulations as established, from lime to time, by 5 the City. B. This Agreement represents the full and final agreemenl of the Parties and shall nol be amended or modified unless in writing and executed in the same manner as this original document. Any amendment shall become part of this Agrcement. C. The City maintains Ihe right to enter the premises, or any pal1 thereof. at any reasonable time to inspect or make any repairs or improvements to the Center which it desires or which might be required. D. The covenants and conditions of the Agreement are continuing and any forbearance by the City to enforce forfeiture on the occasion of one or more breaches of this Agreement will not be construed as a waiver of the right to enforce such forfeiture of any subsequent breach. E. All notices required herein shall be written and serviced by ccrti ficd rnail, rclurn reccipt requested to the following: City of Bozeman Management. Bozeman Senior Center Attention: City Manager g07 North Tracy A venuc P.O. Box 1230 Bozeman, Montana 59715 Bozeman, Montana 59771-1230 F It is mutually agreed that, in the event it becomes necessary for either Party of Ihis Agreement to enforce any of the terms or conditions of this Contract or to gi ve any noticc rcquired herein, other than the 180 day notice to terminate the Agreement, then the prevailing party or the party giving notice will be entitled to reasonable attorney's fees and costs, including fees, salary and costs of in-house counsel to include the City Attorney. G. It is mutually agreed that time is of the essence for this Agreemcnt, that the terms of this Agreement will hind the successors and assigns of the parties and all prior understanding of the parties, either written or oral are merged within this document and this Agre(:ment constitutes the entire understanding of the parties. 6 H. The provisions of the Agreement are severable and the invalidity or unenforceability of any provision of this Agreemcnt will not affect or impair any othcr provision. I. Managcment is an independent contractor and, as such, will have and maintain complete control over and responsibility for all of its employees, subcontractors, agents, and operations. Neither Management nor anyone employed by it will be, represent, act, purport to act or be deemed to be the agent rcpresentative, subcontractor, employee, officer or servant of the City. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THIS AGREEMENT TO BE DULY EXECUTED THE DAY AND YEAR FIRST ABOVE WRITTEN. ATTEST: By:__. Its: . .... '~',. . THE CITV OF BOZEMAN B).:~1~ City Manager '" Robin L. Sullivan Clerk of the Conmlission 7