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Agenda Item Review Form
Muskegon City Commission
Commission Meeting Date: June 13 2023 Title: BECML Summer Camp Park Use Agreement
Submitted By: Kyle Karczewski Department: Parks & Recreation
Brief Summary:
Staff is requesting the approval of an agreement with Boys & Girls Clubs of Muskegon Lakeshore
for usage of park facilities for camps in the 2023 summer season.
Detailed Summary & Background:
Boys & Girls Clubs of Muskegon Lakeshore will be hosting summer camps from June through
August at 3 park locations: Smith Ryerson, McGraft and Reese. This camp will be at no cost to
participants and will also include meals in partnership with Muskegon Public Schools and Kids
Food Basket. The agreement was drafted by Parmenter Law at staff's request.
Goal/Focus Area/Action Item Addressed: Enhanced Parks & Recreation Department and Services
Amount Requested: N/A Amount Budgeted: N/A
Fund(s) or Account(s): N/A Fund(s) or Account(s): N/A
Recommended Motion:
| move to authorize staff to enter into an agreement with Boys & Girls Club of the Muskegon
Lakeshore for summer programming in City parks.
Approvals: Guest(s) Invited / Presenting
Immediate Division Head [Information Technology |
Other Division Heads [] Communication C] Yes 0
Legal Review [| No
For City Clerk Use Only:
Commission Action:
DEPARTMENT OF PUBLIC WORKS
1350 E. KEATING
MUSKEGON, MI 49442
USE AGREEMENT
AGREEMENT made the {G?sday of Sol 2023, between the City of
Muskegon Department of Public Works, 7360 E. Keating, Muskegon,
Michigan (the “City”), and the Boys & Girls Club of the Muskegon Lakeshore,
900 W. Western Avenue, Muskegon, Michigan (the “Concessionaire’).
IT IS THEREFORE AGREED:
1. Activity: Concessionaire hereby agrees that it will operate youth
programs and related activities on City property as follows (the
"Event(s)’):
i, Reese Park, 1685 Creston St., Muskegon, Ml 49442
ii, McGraft Park, 2204 Wickham Drive, Muskegon, MI 49441
iil, Smith—Ryerson Park, 650 Wood St., Muskegon, Ml 49442
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Concessionaire will operate the Events on June 12, 2023 anc August
25, 2023 from approximately 12pm to 5pm with an expected
attendance of 40 children per location.
Concessionaire shall contract for, carry out, and be responsible for all
obligations thereunder for the place, suppliers, and advertising for the
Event.
Insurance: Concessionaire shall apply for and pay premiums for
insurance to fully protect the public, and the City, from any and all
liability that may arise or be incurred as consequence of the Event.
Concessionaire shall have such Liability Insurance in the amount of
$1,000,000.00. A copy of the Certificate of Insurance naming the City
as additional insured shall be supplied to the City prior to the Event.
The certificate shall provide that no cancellation shall be effective
without a 30-day notice to the City.
i. Language on the insurance certificate shall read specifically:
“The City of Muskegon, all elected and appointed officials, all
employees and volunteers, all boards, commissions and/or authorities
and board members, including employees and volunteers thereof. it is
understood and agreed that by naming the City of Muskegon as
additional insured, coverage affordedis considered to be primary and
any other insurance the City of Muskegon may have in effect shall be
considered secondary and/or excess”.
3. Hold Harmless: Concessionaire shall indemnify, defend and save the
City harmless from and against any and all claims, actions, damages,
liability, attorney fees, and expense in connection with the loss of life,
bodily injury and/or damage to property arising from any occurrence in
or about the premises occupied or utilized by Concessionaire or any
part thereof or resulting in whole or part from any intentional,
unintentional, or negligent act or omission of Concessionaire, it's
employees, invitees, licenses or contractors or otherwise occurring as
a result of the Events.
4. Conditions: Concessionaire shall not assign its rights or obligations
hereunder without the written consent of the City. Concessionaire
understands that the City does not provide exclusivity with respect to
publicly accessible parks. Concessionaire agrees to return each
location to the condition it was in prior to each Event.
Both the Concessionaire and the City shall comply with all the laws of
the United States and the State of Michigan, all ordinances of the City
of Muskegon, and all rules and regulations of the Police and Fire
Departments, or other municipal authorities within the County of
Muskegon, and will obtain and pay all necessary permits and licenses
applicable to each, and will not suffer to be done anything during the
term of this agreement in violation of any such laws, ordinances, rules
or requirements.
5. Terms: Either party may cancel this Agreement by giving to the other
thirty (30) days’ written notice prior to any scheduled Event.
IN WITNESS WHEREOF, the parties, by their duly authorized officers have
executed this agreement.
DEPARTMENT OF PUBLIC WORKS
Its: Coluo® Mloskegen Parks 4 Gee
Date: 77/94/23
CONCESSIONAIRE
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Date: .6 {BlP023
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