Loading...
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.