WIC WITH CHANDLER CARE CENTER P-50255.PDF

FACILITY USE AGREEMENT
C-86-17-xxx-3-00
P-50255
THIS FACILITY USE AGREEMENT (the “Agreement”) is made by and
between CHANDLER UNIFIED SCHOOL DISTRICT NO. 80, a political subdivision of the
State of Arizona (“District”) and Maricopa County, a political subdivision of the State of
Arizona (“User”), together District and User are the “Parties”.
1. GRANT OF LICENSE. District hereby grants to User a license to use portions of
Chandler CARE Center located at 777 E. Galveston St. Chandler, AZ 85225 (“Facility”).
1.1. License Period. The beginning of the license is retroactive to July 1, 2015 and
will expire on June 30, 2018 (“License Period”) unless sooner terminated as provided in
this Agreement.
1.2. Permitted Uses. Provision of Women, Infants and Children (“WIC”) services.
1.3. Scope of Services. Provision of WIC services as outlined by Federal law.
1.4. Facility Use Area. Two offices (Rooms 6 and 7) in the Chandler CARE Center as
well as common areas (lobby, community room, conference room, restrooms, parking
areas, grounds, etc.) and use of vision screening room on Mondays and Wednesday or as
needed and available.
Days: Monday - Friday
Times: 7:30 a.m. – 4:30 p.m.
1.5. Facility Use Policy. User hereby accepts license granted herein and agrees to
abide by all of the terms and conditions of this Agreement and of District’s Facility Use Policy,
the contents of which are subject to change from time to time at the District’s sole discretion.
User acknowledges receipt of a copy of the current Facility Use Policy. District shall provide
User with any revisions to the Facility Use Policy pursuant to Section 4.13.
1.6. Termination. . District or User may terminate this Agreement at will upon
written notice to the other party at least thirty (30) days prior to the effective date of such
termination; otherwise, the Agreement terminates upon expiration of the License Period.
Notwithstanding the foregoing, District may immediately terminate this Agreement in the event
of a material breach by User. A material breach shall include violation(s) of District’s rules,
regulations, or procedures or the Permitted Use is found to interfere with or otherwise disrupt
District’s instructional program or educational activities. Termination shall not relieve either party
of its obligations incurred prior to such termination.

2. USER FEE AND OTHER PAYMENTS.
2.1 In consideration of this license granted to User by District, User agrees to pay a
“User Fee” in the amount of $20 per hr. (40 hrs/wk average x $20/hr x 52 weeks =
$41,600) (WAIVED) of office space payable as follows: $3,467 (WAIVED)
monthly rental fee. Pursuant to A.R.S. § 15-1105, the User Fee has been waived
because it has been determined that the license of this space by User promotes the
educational function of District.
2.2 Any additional hourly usage may result in fees dependent upon the area and District-
owned equipment being used by User. Such additional fees shall be paid within 30 days
of proper invoicing of User.
2.3 Failure of User to pay any of the amounts when due shall be grounds for termination
of this Agreement by District.
3. USE OF FACILITIES
3.1. Specific Terms of Use. When using the Facility, or any portion thereof, User
agrees to comply with all applicable state, federal or city laws and regulations, and with the
policies and regulations of District pertaining to the use and occupancy of the Facility. User shall
not use or allow any portion of the Facility Use Area to be used for any unlawful purpose. User
shall not commit or allow to be committed any waste or nuisance in or about the Facility, or
subject the Facility Use Area to any use that would damage any portion of the Facility Use Area
or raise or violate any insurance coverage maintained by District. User shall not allow a number
of persons in any portion of the Facility Use Area at any time in excess of the legal capacity of
such portion of the Facility Use Area. User shall not permit any food or drink in any portion of
the Facility without the prior written consent of District. All activities must be under competent
adult supervision supplied by the User.
District may require User to provide additional adult supervision, custodial support, or
security, as District deems appropriate. When the Facility is used by User during hours outside of
the normal workday, or during a time when a District staff member is not normally present, a
District employee must be present. Compensation for District employees will be an additional
fee to be paid to District by User upon demand. Payment to District employees will be made by
District and billed to User according to the fee schedule. The following specific rules shall be
observed while using the Facility and User shall be held responsible for enforcing these rules and
for any damages growing out of any violation thereof related to its use:
3.1.1. The use of tobacco or tobacco related products in any form, are prohibited
at the Facility.
3.1.2. Drinking of alcoholic beverages or gambling anywhere in or on the
Facility is prohibited.
3.1.3. Food and drinks shall not be allowed inside school gymnasiums.
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3.1.4. Persons attending functions shall confine themselves to the specific part of
the Facility assigned in this Agreement.
3.1.5. The use of school equipment or supplies shall not be permitted without
permission of District as outlined in this Agreement.
3.1.6. The Facility must be vacated within a reasonable time after completion of
the event, unless permission is otherwise granted specifically in this Agreement. It is the
responsibility of User to see that this requirement is administered.
3.2. Facility Space. User is to take proper care of the Facility Use Area and the
Facility during the period of use and to return the Facility to District no later than the day
following the last scheduled day of the approved agreement in the same condition in which it
was delivered to User, less normal wear and tear as reasonably judged by the principal and a
designated representative of the District (the “District Designee”). If the Facility has not been
restored to original condition by the day following the last scheduled activity, District shall
restore the Facility, and the cost of such restoration shall become the financial obligation of User.
Should said obligation exceed the deposit on file with District, the balance thereof will be billed
to User and User must reimburse District within 30 days of receipt of proper billing. Failure of
User to meet the reimbursement obligation within 30 days from receipt of proper invoice shall
constitute proper reason for disallowing further use of the Facility by User.
3.2.1. The principal of the school involved and the District Designee shall judge
jointly whether proper care and policing of the Facility are being carried out by User during the
License Period.
3.2.2. The issuance of keys to the Facility is to be discouraged. However, if no
alternative is suitable, it shall be the responsibility of the principal of the Facility to issue and
retrieve keys issued to User for the Facility according to District key control procedures.
3.2.3. User shall make no modification of the Facility for activities, without
approval by the District Designee.
3.2.4. Nothing shall be sold, given, exhibited, or displayed for sale by User
without prior permission from District.
3.2.5. User shall make no alterations to the Facility without prior written consent
of District.
3.2.6. User shall exercise no control or jurisdiction over the property of District,
the improvements, or the Facility except to have policing privileges of the grounds during the
time that User’s activities are being conducted, and except as otherwise provided herein.
4. TERMS AND CONDITIONS.
4.1. Insurance. District recognizes that User is self-insured. User shall provide
District a Certificate of Insurance upon execution of this Agreement with the following
coverages:
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General Aggregate $4,000,000
Products – Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $2,000,000
Damage to Rented Premises $100,000
Each Occurrence $2,000,000
4.2. Indemnification. Each Party (as "indemnitor") agrees to indemnify, defend, and
hold harmless the other Party (as "indemnitee") from and against any and all claims, losses,
liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred
to as "claims") arising out of the negligent performance of this Agreement, but only to the extent
that such claims which result in vicarious/derivative liability to the indemnitee are caused by the
act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials,
agents, employees, or volunteers.
4.3. Supplies and Equipment. User is responsible for providing any supplies and
equipment needed for its intended use of the Facility and shall remove its supplies and equipment
at the end of the License Period. District shall not be responsible for any equipment or other
property of User left in the Facility after the end of the License Period unless arrangements for
later recovery of such property have been made with District in advance. Unless such
arrangements for later recovery have been made, any equipment or effects remaining on the
premises for more than ten (10) days after the expiration of the Agreement shall be deemed
abandoned and shall be disposed of by the District Designee as deemed advisable by District
4.4. Enforcement; Security. User shall designate in writing an individual 21 years of
age or older who will be responsible for enforcing the terms and conditions of this Agreement as
they related to the activities of participants, invitees and guests using the Facility during the
License Period. If no other person is designated, the individual signing this Agreement shall have
such responsibility. User shall employ, through District and at User’s expense, such security and
safety personnel as are required and approved by the District Designee. The principal of the
Facility and/or the District Designee will determine the necessity of security and safety personnel.
4.5. Liability for User Property. District shall not be liable for any loss, damage, or
injury to properties of any kind that are shipped or otherwise delivered to or stored in or on the
Facility. Properties shall not be delivered until User has made proper arrangements for receiving,
handling, and storage of such material.
4.6. Clean Up. User shall be responsible for clean-up of the Facility Use Area after
each period of use. This includes picking up trash, sweeping and general upkeep of such areas.
District will provide cleaning of clinic and floor maintenance.
4.7. Damages. User shall be responsible for any damage to the Facility incurred as a
result of use contemplated by this Agreement, but only in proportion to and to the extent such
claims are caused by User or User’s agents, contractors, employees, invitees, participants,
licensees or patrons, ordinary wear and tear excepted. In the event that User becomes aware of
any damage to, or condition of, the Facility that may constitute a hazard or otherwise interfere
with the intended use of the Facility, User shall notify District in writing within twenty-four (24)
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hours so that any appropriate remedial action may be undertaken. Damages to facilities for which
User is responsible under this section shall be repaired by District and will be billed to User.
Failure of User to pay for the damages caused by User may be cause for canceling this
Agreement. In the event legal remedies are necessary, User may be responsible for cost incurred.
4.8. Use of District Address. User is authorized to use the address of the Facility in
advertising and promotional materials with respect to User’s activities at the Facility during the
License Period. Publicity or statements made by User may identify the Facility as a District
facility.
4.9. Assignment. User may not assign or transfer any of its rights or obligations under
this Agreement without the prior written consent of District, which approval may be granted or
withheld in District’s sole discretion. Any instrument purporting to effect such assignment or
transfer without such consent shall be void.
4.10. Conflict of Interest. The Parties understand that this agreement is subject to
cancellation pursuant to A.R.S. 38-511.
4.11. Non-Appropriation of Funds. This Agreement may be terminated by User at
the end of any fiscal year due to non-appropriation of funds without any penalty or liability to
Lessee. County’s fiscal year ends June 30th. District and/or any of its employees, agents,
officers, directors, members, successors or assigns hereby waives any and all rights to bring any
claim against County or its employees, agents, officers, directors, members, successors or
assigns from or relating in any way to County’s termination of this Agreement pursuant to
these Sections 4.10 and 4.11.
4.12. District and User warrant that each is in in compliance with A.R.S. § 41-4401.
4.13. Default. In the event that User fails to pay any fee or other sum required to be
paid by User hereunder when due or otherwise fails to comply with or observe any other
provisions of this Agreement, in addition to any other remedy that may be available to District
by reason of such failure, whether at law or in equity, District may unilaterally terminate this
Agreement and all rights of user hereunder-including any right of adjustment of amounts paid
hereunder. User, in accepting this Agreement, shall agree that District shall not be liable to
prosecute, nor be held liable for damages in the event that District declares User in default
thereof.
4.14. Amendments. Any and all amendments/changes to this Agreement must be
submitted in writing on a Request for Use of Facilities application form and submitted to the
District Designee. These changes shall be subject to the approval of the District Designee and
principal of the Facility and shall be considered binding in the same manner as this Agreement.
District may impose on User a$15.00 change fee per change. No amendment to this Agreement
shall be valid unless reduced to writing and signed by both District and User.
4.15. Notices. Notices required or permitted under this Agreement shall be sent to
District and User at their respective addresses set forth below.
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To the District: Chandler Unified School District No. 80
1525 W. Frye Road
Chandler, AZ 85224
To the User: Maricopa County Public Health Department
Attn: WIC Program Manager
4041 N. Central Avenue, Suite 700
Phoenix, AZ 85012
With a copy to: Maricopa County Facilities Management
Attn: Chief Real Estate Officer
2801 W. Durango Street
Phoenix, AZ 85009
4.16. Execution. This Agreement may be executed in counterparts which together shall
constitute one and the same document. Facsimile signatures shall have the same import as
manually affixed signatures. The Agreement is effective as of the date executed by both Parties.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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C-86-17-xxx-3-00
P-50255
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
CHANDLER UNIFIED SCHOOL MARICOPA COUNTY
DISTRICT NO. 80
By: _____________________________________
Denny Barney
Name: Chairman of the Board of Supervisors
Title:
ATTEST:
___________________________________
Clerk of the Board Date
Approved as to Form:
___________________________________
Deputy County Attorney Date
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