HomeMy WebLinkAboutCC Resolution 7383 (Falkirk Office Space)RESOLUTION NO. 7383
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
MARIN POETRY CENTER FOR RENTAL OF OFFICE SPACE
AT FALKIRK COMMUNITY CULTURAL CENTER (from July 15, 1986 thru
July 14, 1987)
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a Regular meeting of the City Council of said
City held on Monday the 7th day of July ,
19 86 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JE N M. LEONCINI, City Clerk
OIKI I G I N A L
AGREEMENT
This agreement
made
and entered into this day
,,-July 1986
by and
between
_Seneotb
the City of San Rafael,
hereinafter
referred
to as
"City", and Marin Poetry Center,
hereinafter
referred
to as
"MPC".
RECITALS
WHEREAS,
City
and
MPC
desire to provide
literary programs
tn the
community
and;
WHEREAS,
City
and
MPC have
a successful
history of
rnllaboratinn
and;
WHEREAS,
City
and
MPC have
expertise
in cultural areas
that are Fri utual]y
benefzcial
ar/d
like -
minded.
WITNESSETH
The parties hereto agree as follcws:
1) The City hereby leases administrative office space to
MPC in Falki/k Cnmmunity Cultural Center in the rear office
Cl -1:' the 1927 wing, hereinafter referred to as "premises", fnr
the period beginning July 15, 198� to July 14, 1987.
2) City will provide e:isti-rig office space measuri�g
approximatel/ 50 square feet, overhead lighting and
electricity, light janiturial service, use of the restrooms
mnd kitchen, use of the Falkirk facility for official MPC
mpeti/'gs, use of the ading Room to house the MPC
poetry collectimn, use of the ground floor rooms for public
programming events. All of said uses are subject to
av�z1abi1ity and the app^'ovol of the Cultural Affairs
Supervisor.
3) MPC rent will be pzid on or before the first day of
e�ch month.
4) MPC will provide City with a $100 security deposit
and with an additiona0 for first and last month's rent.
All deposits are due tu City one week prior to occupation.
5) MPC will pay City $50 per month for approximately
50 square feet of space for each month during which the
premises are shared with the Youth Services Division of the
San Rafael Police Department. Upon the availability of
additional space in the premises, and upon written notice of
the Cultural Affairs Supervisor, MPC will pay City $100 per
wonth for appro:imately 100 square feet of space.
h) MPC will provide liability insurance throughout the
term of this contract naming the City as additionally
insured for not less than $250,000 for personal injury and
property damage, per person, per occurrence. MPC will
provide City with proof of insurance one week prior to
occupation.
7) MPC will be responsible for providing its own
telephone service, office equipment and supplies.
8) MPC hereby agrees to, and shall, hold harmless and
indemnify the City, its officers, agents and employees,
harmless and indemnify from any liability for damages or
claims for personal injury or property damage, which may
occur as a result of any action of MPC or its employees or
aqents and employees from any suits or actions at law by any
person or persons including
MPC or its employees or agents for damages caused, or
u|leged to have been caused , by any reason occurring as a
result of service or action by MPC.
9) MPC agrees to adhere to all rules and regulations
concerning the use of the Falkirk facility as enumerated in
E:hibit "A" attached hereto and incorporated herein.
10) MPC staff and/or board members are not employees
of the City of San Rafael.
11) MPC is hereby subject to the criteria set forth in
Exhibit "B" attached hereto and incorporated herein.
12> MPC agrees to reimburse City for any damages to
City facilities caused by MPC staff and/or MPC board members
and/or MPC program participants.
13) Either party may terminate this agreement upon one
month written notice to the other party.
14) It is hereby expressly understood that any claim
,sserted against the City by MPC , either on behalf of MPC
or on behalf of another person or agency, on account of
bodily injury, mental disturbance, death, or property
damage, sustained as a result of, or for any reason
connected with the use of City property, facilities, or
programs pursuant to this rental contract, will be
determined by submission to arbitration as provided by
California Law, aod not by a lawsuit or resort to court
process e:cept as California Law provides for judicial
review of arbitration proceedings. BOTH PARTIES TO THIS
CONTRACT, BY ENTERING INTO IT, ARE GIVING UP THEIR
CDNSTITUTIONAL RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A
COURT OP LAW BEFORE A JURY, AND INSTEAD ARE ACCEPTING THE
USE OF ARBITRATION.
"�, C��twx�cce
_
Mayor ` 1]ate
_
Citorney
U
EXHIBIT 'A'
The rules and regulations enumerated herein serve as
guidelines for the use of the Falkirk facility, hereinafter
referred to as "facility", by the Marin Poetry Center,
hereinafter referred to as "MPC", as per contract dated July
15, 1986. These rules and regulations may be amended as
depmed necessary by the Cultural Affairs Supervisor by
written notice to MPC.
1) Keys to the facility will be issued to the MPC
Director. Keys will consist of one exterior house key and
one alarm key and/or the equivalent numerical combination.
Keys will not be transferred from the MPC Director to any
other MPC staff member, MPC board member, or to any other-
person
therperson or persons. The MPC Director is responsible for
operating the facility alarms as instructed by Falkirk
staff.
2) The MPC Director will have access to the facility
from 8 am to 6 pm Monday through Friday. Additional access
for meetings, programs and/or overtime work will be
scheduled with the Cultural Affairs Supervisor.
3) Areas of the facility used by MPC will be left in
the same condition as they were prior to use with the
exception of reasonable wear and tear.
4> The historic nature of the facility requires no
smoking inside the facility; sand filled receptacles are
provided outside on the terraces for smoking purposes. No
tape, adhesives, nails, screws, staples,tacks or pins are
allowed in or on any walls, woodwork or windows.
Furnishings are not to be moved. No vases, glasses or any
potential water -damaging objects shall be placed on any
fi:ture. mantel, table, desk or any surface.
51
MPC will
schedule all
public events, for indoor or
outdoor
use, with
the Cultural
Affairs Supervisor at least
one week
prior to
the event.
^ 6) Any co-sponsored events between MPC and Falkirk
Community Cultural Center will be arranged by mutuaI
agreement by the Cultural Affairs Supervisor and the MPC
Director.
7) MP[ will provide the Cultural Affairs Supervisor
with the names, home addresses, telephone numbers, and
social security numbers of the MPC Board of Directors and
MPC staff members. Such information will be updated by the
MPC Director ag necessary.
8) Prior tc the distribution of an; public
onnouncoments, p"blic service announcements, press releases,
' .
grants, brochures or any written materials which have the
name Falkirk Community Cultural Center in its text, caption
or logo will be submitted to the Cultural Affairs Supervisor
for review and approval.
EXHIBIT "B"
POLICY: IN SUPPORT OF ITS MISSION TO ENHANCE THE CULTURAL LIFE OF THE
COMMUNITY, IT IS THE POLICY OF THE FALKIRK COMMUNITY CULTURAL
CENTER TO RENT AND/OR LEASE OFFICE SPACE TO MARIN COUNTY, NON-
PROFIT CULTURAL ORGANIZATIONS.
THE CITY WILL USE THE FOLLOWING CRITERIA TO EVALUATE CULTURAL
ORGANIZATIONS DESIRING TO RENT OR LEASE OFFICE SPACE AT FALKIRK:
1) The ability of the organization to benefit the community
through its public programs;
2) The ability of the organization to augment existing program
areas offered by Falkirk;
3) Compatibility of the organization's use of Falkirk with
existing programs and uses;
4) Respect for the historic nature of Falkirk;
5) Organizational and fiscal stability of the organization;
6) The leasee as a possible source of income for the City.