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Home My WebLink About1997-01-27 97-89 ORDERCOUNCIL ACTION Item No. 97-89 Date Sanuary 27. 1990 Item/Subject: Authorizing Execution of Agreement with Literacy Volunteers of America - Bangor Responsible Department: Legal This Agreement permits the Literacy Volunteers of Ameiica - Bangor to use City -owned meeting facilities at Park Woods for the reading instruction and other educational services to Park Woods residents. Depart C Nead City Manager Associated Information: Order, Agreement Finance Director MA I City Solicitor YU For Passage First Reading Referral Page I of 6 9]-89 AteigteH tot cHor Sullivan January 27, 1991 CITY OF BANGOR (TITLE) VY`ltas Authorizing Executi1. on -of Agreement With Lrtars cy By the City Ona til of the City ofBangon ORDERED, THAT WHEREAS, the City of Bangor and Literacy Volunteers of America - Bangor wish to enter into an Agreement whereby Literacy volunteers Providing reading instruction and other educational services to Park Woods residents may use City -owned meeting facilities for this purpose. NOW, THEREFORE, by the City Council of the City of Bangor, be it ORDERED, THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute the Agreement with Literacy Volunteers of America - Bangor attached hereto. IN CITY COUNCIL January 37. 1997 Passed CI k RK 97-89 O ROER Title, Authorizing Execution of Agreement with Literacy Volunteers of America - Bangor .................................. Aeaigned to su(l1d4k .................................. Councilman THIS AGREEMENT made and executed in duplicate this day of January, 1997 by and between the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine, and LITERACY VOLUNTEERS of AMERICA - BANGOR, a charitable non-profit corporation organized and existing under the laws of the State of Maine, W 3 T N E S S E T H: WHEREAS, the City of Bangor owns and operates a 60 unit transitional housing facility for homeless persons, located in Bangor, Penobscot County, Maine, commonly known as "Park Woods"; and WHEREAS, Literacy Volunteers of America - Bangor, is engaged n the charitable activity of providing reading instruction and other educational services to adults and children with limited educational attainment; WHEREAS, the City of Bangor wishes such instruction and services to be provided to residents of Park Woods in City -owned meeting facilities; and WHEREAS, Literacy Volunteers of America - Bangor, wishes to provide such instruction and services to residents of Park Woods, and wishes to utilize City -owned meeting facilities at Park Woods for that purpose; - - NOW, THEREFORE, in consideration of the instruction and .services to be provided by Literacy Volunteers of America - Bangor., and in consideration of provision of facilities for that purpose by the City of Bangor, the parties hereby mutually agree as follows: 1. Use of City Facilities. Literacy Volunteers of America - Bangor, is hereby granted a license to use such meeting rooms and other facilities located at the City of Bangor's Park Woods transitional housing project as may be designated for their use by the City's Park Woods program director, for the purpose of Providing reading instruction and other educational services to residents of the Park Woods transitional housing project. Use of. the designated City facilities shall be without charge to Literacy Volunteers of America - Bangor, or to its program volunteers and participants. It is understood and agreed that the City of Bangor is responsible for maintaining the meeting rooms n such a way that they are functional, clean, safe and supportive of the success of the program. It is also understood and agreed that all reading instruction and other educational services provided by Literacy Volunteers of America - Bangor, to Park Woods residents at the City's facilities, shall be without charge to such residents, provided that Literacy Volunteers of America may request 97-89 J 2 reimbursement from program participants of its direct out-of-pocket costs for curriculum, instructional materials and instructional aids actually used by the program participants concerned, consistent with Literacy Volurtteers of America's standard policies in this regard. 2. Scheduling, Non -Exclusive Use. It is understood and agreed that use of the City's facilities by Literacy Volunteers of America shall be o -exclusive basis, and that other groups and individuals may be given access to the same facilities for other purposes at times when they are not being used by Literacy Volunteers of America - Bangor, to provide its program services. - In scheduling use of the facilities by other individuals and groups the City of Bangor shall attempt to give priority to Literacy Volunteers of America - Bangor; but the City, through its Park Woods program director, shall have the final authority to designate the particular facilities and to schedule times for their use. It is understood and agreed that nothing in this Agreement shall be deemed to give Literacy Volunteers of America any leasehold interest or other rights in the facilities designated by the City for their use. 3. Personal Prooerty. It i understood and agreed that all computers, textbooks, instructional materials and other personal Property used by Literacy Volunteers of America - Bangor, in Providing reading instruction and educational services at the Park Woods transitional housing complex shall remain the property of Literacy Volunteers of America - Bangor. Materials of Property of Literacy Volunteers of America used in conjunction with the program shall be maintained, and locked if necessary, if an upstairs room or closet at the designated facility. Such areas will only be available to other groups under the supervision of Literacy Volunteers of America in order to assure people using the materials that they are available and in working condition as much as Possible. All such property may be removed from the City's facilities by Literacy Volunteers of America - Bangor, at any time during the term of this Agreement, and within thirty (30) days after expiration or termination hereof. Any such property not removed within thirty (30) days after expiration or termination of this Agreement shall be deemed abandoned, and shall be and become the sole property of the City of Bangor, to be disposed of in such manner as the City shall deem fit. 4. y h f lty Losses. The City shall make reasonable efforts to provide a secure area for use or storage of any computers or other high-value equipment used by Literacy Volunteers of America - Bangor, at the Park Woods housing project. However, the City of Bangor shall not be responsible for any loss r damage caused to any such computers, equipment or other personal property, due to vandalism, theft, fire or other casualty, unless vandalized or stolen by employees of the City of Bangor. Neither failure of the City to provide a secure area for use or storage of any such computers, equipment or other personal property, nor 97-89 -3- inadequacies in security arrangements made, shall farm a basis for any claim by Literacy Volunteers of America - Bangor, against the City, or its officers, agents or employees. S. NO Agency Created. Nothing in this Agreement shall be deemed to constitute either of the parties hereto as agent, representative, partner or joint venturer with the other, for any purpose whatsoever. 6. Term of Agreement. This Agreement shall be effective upon execution by a duly authorized officer of Literacy Volunteers of America - Bangor, and upon ratification by the Bangor City Council and execution by the City Manager. Once effective, this Agreement shall remain in effect until December 31, 1997, unless extended or renewed; provided that either party may cancel this agreement at any time during the term hereof upon thirty (30) days prior written notice. Provided that the provisions of paragraphs 3, 4 and 5 above relating to title to and loss of personal property; liability, and indemnification shall survive any expiration of termination of this Agreement. 7, Notices. Any notices called for by this Agreement shall be deemed sufficiently delivered if delivered in hand or mailed to the parties by regular U.S. mail, postage prepaid, at the addresses indicated below, provided that such notices shall not be deemed delivered until three business days after the date of such mailing: (1) Cid Claire Bolduc Park Woods Program Director 103 Texas Avenue Bangor, Maine 04401 w/copy to: Erik M. Stumpfel City Solicitor 73 Harlow Street Bangor, Maine 04401 (2) Literacy Volunteers Literacy Volunteers of America - Bangor Suite 515, 6 State Street Bangor, Maine 04401 The parties may designate Other persons to receive notice under this Agreement in substitution for the persons named above, by providing written notice Of such designation in the manner provided in this paragraph. m -4- IN WITNESS WHEREOF, the parties have Caused this Agreement to be signed by Edward A. Barrett, City of Bangor City Manager, and , each duly authorized, on the date first written above. CITY OF BANGOR (By) Edward A. Barrett City Manager LITERACY VOLUNTEERS OF AMERICA - BANGOR (By)