mlk carver center lease 94FACILITY USE AGREEMENT
This Agreement is entered into this ZAj day of May, 1994, by
and between the City of Salina, Kansas (the "City") and Martin
Luther King, Jr. Child Care Association (the "Child Care Center").
Recitals
A. The City owns.and operates a public neighborhood center
located at 315 North Second Street known as Carver Center.
B. The Child Care Center is a Kansas licensed child care
provider and wishes to make use of Carver Center for certain youth
activities in conducting its summer child care program.
C. In order to improve youth recreation opportunities and
enhance the Child Care Center's ability to serve the needs of
certain Salina children while they are out of school, the City
wishes to allow the Child Care Center to make use of Carver Center
on weekdays during the summer of 1994, without charge.
THE PARTIES THEREFORE AGREE:
1. Authorized Use. The Child Care Center is authorized to
use Carver Center for its program purposes from 8:30 a.m. until
4:00 p.m., Monday through Friday, commencing Friday, May 27, 1994
and ending Wednesday, August 24, 1994.
2. Waiver of Fees. Pursuant to the rental policy outlined
in Resolution Number 89-4108, any otherwise applicable fees for the
Child Care Center's use of Carver Center pursuant to this
Agreement, including any rental fees for specific recreational
equipment used, are waived.
3. Licensed Program. The Child Care Center is a Kansas
licensed child care provider and is licensed to care for up to 48
children at its own facility located at 1214 North Santa Fe,
Salina, Kansas. This Agreement is specifically conditioned upon
Child Care Center maintaining its State license as a child care
provider and shall terminate immediately in the event its license
is terminated. The program to be conducted by the Child Care
Center shall be strictly an extension of its own program conducted
at its licensed facility and not a program of the City of Salina.
Only those children under the care and direction of the Child Care
Center pursuant to its State license shall participate its program
conducted in part at Carver Center. The Child Care Center has
estimated participation to include 20 to 30 children.
4. Supervision. No City personnel shall be regularly on
duty at Carver Center during the Child Care Center's use of the
facility. The Child Care Center agrees that it shall supervise the
children participating in the program in compliance with its State
license requirements. Those persons supervising program
participants on behalf of the Child Care Center, whether paid or
volunteer, shall be strictly the employees or representatives of
the Child Care Center and not the City of Salina. Consequently,
those persons:
a. shall not be entitled to compensation or any benefits
associated with employment by the City; and
b. shall not be covered by the City's liability or
worker's compensation policies of insurance.
5. No regular meals. No regular meals will be served by the
Child Care Center to children participating in its program while at
Carver Center except for an occasional picnic lunch consisting of
food prepared off-site and brought to Carver Center.
6. Clean-up. The City will conduct the normal janitorial
work for Carver Center each weekend. At the close of the Child
Care Center's use of Carver Center each day, the Child Care Center
shall be responsible for cleaning the area used that day in
accordance with written instructions provided by the City.
7. Use of Recreational Eauinment. The Child Care Center
shall have access to recreational equipment provided by the City
for use at Carver Center by the children participating in its
program, without charge. The Child Care Center shall be
responsible for seeing that the equipment is used safely. The
Child Care Center shall be responsible for any loss of or damage
to the equipment resulting from its failure to properly supervise
use of the equipment.
B. Indemnification. The Child Care Center agrees to
indemnify and hold the City harmless from any loss resulting from
any claim made against the City for damages arising out of the
Child Care Center's use of Carver Center in conducting its child
care program, including reasonable attorney's fees and any other
costs of defense against such claim.
9. Default. If the Child Care Center violates this
Agreement in its use of Carver Center, the City shall give the
Child Care Center written notice of the violation. If the Child
Care Center has not corrected the violation within the three (3)
subsequent weekdays, the City may terminate this Agreement by
giving the Child Care Center written notice of termination.
10. Non -assignable. This Agreement is unique to the program
conducted by the Child Care Center and is therefore non -assignable.
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11. Binding Effect. This Agreement shall be binding upon the
parties and their successors.
EXECUTED the day and year first above written.
.ATTEST:
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Lorq,_
CITY OF SALINA, KANSAS
F : V14
-PONOT, sqgiT_A.Warner; Mayor
MARTIN LUTHER KING, JR. CHILD
CARE A CIATION
BY;
LaMont Lewis, esident
. .,40
I•
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
4: OO P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
' $ PARKS & RECREATION AGENDA: '
ITEM
5 BY: Steve Snvder S -S BY: \
ITEM
Resolution No. 94-4743 authorizing a facility use agreement with Martin Luther King, Jr.. Child Care
Center, Inc., for the use of Carver Center. '
BACKGROUND
List fallathe City Commission was approachedby representatives of MLK Child Care Center inquiring as
fo.the possibility of their use of the Cdy s Carver. ;Center (315 N. 2nd) as.a location for.some-programming
in the'MLK summer youth program. 'Thelkk representatives reported on their success in starting a
program for disadvantaged young people in the -summer of 1993.
The City Commission directed staff tow,drk with the MLK. Center on this request bringing a staff
recommendation to the Commission Since�•the ', the Parks & Recreation Department has been carrying
out -that assignment. Staff work involved;! viewing impact on existing summer usages, :evaluating
possible positive additions to our summer youth program participation, and discussing legal issues with
tha rNtV Atinrnav
Aftericompleting,the internal staff work, meetings were again held with MILK representatives. `Staff review
. rldicates the following:
a-r
Use of Carver Center for this program is consistent with its designed purpose as a public
neighborhood center.
2. Authorizing Carver Center's use from$Monday through Friday during 1994.summer months would
not excessively deter from its availability` to the general public as a rental facility. Most significant
public rental use is on weekends.
3. A neighborhood agency such as the r MLK Child Care Center may better reach some youth in
low/moderate income neighborhoods; bringing them into already -established City Parks -&
Recreation summer programs.
4. Carver Center's location adjacent to''the',no-charge'swimming pool provides a good location for
summer youth programs serving. the neighborhood.
STAFFRECOMMENDATION
Appove'Resolution No. 94-4743.
'COWISSION ACTION
MOTION BY SECOND BY
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