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HomeMy WebLinkAboutFD Training & Academy Facility Use AgrDistrict Form AD -81 FACILITY USE AGREEMENT 4 THIS FACILITY USE AGREEMENT ("Agreement") is made between the Novato Fire Protection District ("District") and City of San Rafael ("User"), WHEREAS, the District owns certain conference rooms and training areas described in this Agreement (hereinafter "Facility" or "Facilities"), and WHEREAS, User desires to use those Facilities for the purposes herein contained; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the District and User agree as follows: 1. GRANT District hereby grants permission to User to use the Facility(ies) identified on the "Facility Reservation Form" attached hereto as Exhibit A. 2. PURPOSE The User hereby states the following as the purpose and how the Facility(ies) will be used (please be specific): San Rafael Fire Department Trainina and upcomina academv at Station 62 3. TERM and TERMINATION This Agreement shall commence as of 11 10 2016 ("Effective Date") and, Month Day Year unless sooner terminated as set forth herein, will continue for a period of one (1) year after the Effective Date ("Term"). The District shall have the right to terminate this Agreement for any reason, at any time. From time to time, due to unforeseen resource constraints, the District may need to change the Facility reserved or the times available. Notice will be given to the User by the District of any changes in Facility reservations. 4. FEE There are no fees associated with the use of the Facility. 5. ADVERTISING and SIGNAGE The District's name and/or logo shall not be used to suggest co-sponsorship or endorsement of any activity or event at the Facility without prior written approval from the District. 6. CAPACITY User agrees that it will not use the Facility in excess of seating capacity. 7. ALTERATIONS, DECORATIONS, AND DAMAGE A. User shall not injure, mar, damage, or in any way deface the Facility, or cause or permit anything to be done whereby the Facility shall be in any manner injured, damaged, marred or defaced. Also, User will not drive, or permit to be driven, nails, 1of6 Novato Fire Protection District Rev041316 q-3-31 �ovaro District Form AD -81 hooks, tacks or screws into any part thereof. B. If Facility, during the Term of this Agreement, shall be damaged by the act, default or negligence of User, or User's agent, employees, patrons, or any person(s) admitted to the Facility by User, User shall pay District, upon demand, such sum as shall be necessary to restore said Facility to its original condition. 8. VIOLATION of LAWS or RULES A. User's use of the Facility shall comply with any and all applicable laws or regulations, whether local, state, federal, or other. B. If the use of the Facility by the User violates an applicable District rule (see Exhibit B, District Policy AD -81 b attached), municipal law or ordinance, or other law or regulation, User shall either cease and desist from continuing the use causing the violation or surrender the Facility forthwith upon demand of the District. C. User understands and agrees that during the term of this Agreement, User shall so conduct its activities so as to not interfere with District employees who are on the premises. 9. DISPUTES All claims, disputes, or any other matters in controversy between the Parties arising out of or in any way related to this Agreement shall first attempt to be resolved by informal telephone or written communication between the Parties. In the event that informal techniques do not resolve a dispute, the Parties agree that any dispute will be submitted to mediation, prior to pursuing any other remedies provided by law. The venue shall be in Marin County, California. 10. ATTORNEY'S FEES: In any action between the Parties arising out of or connected with this Agreement the prevailing party in such action shall be awarded, in addition to any damages, injunctions, or other relief, its costs and expenses, not limited to taxable costs, and reasonable attorney's fees. 11. INDEMNIFICATION User shall indemnify, defend and hold harmless the District and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of User or its employees, or agents by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of User shall not apply when the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of District or its officers, employees, agents, or volunteers. The indemnification provided in this Section "Indemnification" shall survive the termination of this Agreement or the use contemplated herein. 12. INSURANCE During the Term of this Agreement, User shall, at its own cost and expense, obtain and maintain in full force and effect, the following insurance coverage, which may be in the form of self insurance as provided by Government Code section 990: A. Commercial General Liabilitv for bodily injury and property damage including blanket contractual liability coverage and products and completed operations, with limits of not less than: 2of6 Novato Fire Protection District Rev041316 District Form AD -81 $1,000,000 $2,000,000 $2,000,000 Bodily Injury and Property Damage; Per Occurrence Annual Aggregate, other than Products and Completed Operations Annual Aggregate, Products and Completed Operations 1 B. User shall name District, its directors, officers, employees, and agents as additional insured by endorsement under the Commercial General Liability policy. All policies shall be primary and non-contributory and will waive all rights of subrogation against District. User shall provide District with an unqualified thirty (30) days written notice of cancellation or material change in terms or conditions. User shall deliver to the District a Certificate(s) of Insurance that complies with the above requirements, concurrent with the delivery of this Agreement and shall deliver renewal Certificates as and when issued throughout the Term of this Agreement. C. Under special circumstances, District may waive certain insurance requirements if requested by User using the "Insurance Reduction/Waiver" form attached here as Exhibit C. District may, at its sole discretion, request that individual users over 18 years of age or a parent or guardian of a minor(s) agree to the terms of the District's "General Liability Release Waiver" and "General Liability Release Waiver for Minors" attached here as Exhibit D and Exhibit D-1 respectively. The above referenced forms may be required before the District will permit the User to use the Facility. ❑"Insurance Reduction/Waiver" attached. ❑"General Liability Release Waiver" attached. The District initials below shall indicate that insurance waivers checked above by User have been received by the District. District Initials /Printed Name 13. ASSIGNMENT User shall not assign or transfer this Agreement without the written consent of the District. 16. INSPECTION User agrees that the District may enter upon the Facility at all reasonable times to make inspection for conformity with this Agreement. 17. ENTIRE AGREEMENT; MODIFICATION This Agreement and its attachments, if any, constitutes the entire understanding between the Parties with respect to the subject matter hereof and may be modified only by a writing signed by both Parties. 18. SEVERABILITY In the event one or more clauses of this Agreement are declared illegal, void, or unenforceable, the validity of the remaining portions of this Agreement shall not be affected. 3 of 6 Novato Fire Protection District Rev041316 District Form AD -81 19. WAIVER The failure of either Party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either Party, whether written or oral, express or implied, of any rights under or arising from the Agreement shall be binding on any subsequent occasion; and no concession by either Party shall be treated as an implied modification of the Agreement unless specifically agreed to in writing. 20. NON-DISCRIMINATION District and User agree that neither will discriminate against any individual on the basis of age, sex, sexual orientation, gender identity race, creed, color, religious belief, national origin, disability, political belief or affiliation, status with respect to marriage or public assistance, or status as a disabled veteran, and that the User agrees to comply with all non-discriminatory laws and policies of the District. IN WITNESS WHEREOF, the Parties hereto, each acting under due and proper authority have executed this Agreement as of the Effective Date first written above. Approved as to form: L- kzj-L, Robert F. Epstein, City Alt 4 of 6 Novato Fire Protection District Rev041316 District Form AD -81 EXHIBIT A — FACILITY RESERVATION FORM 17 To prevent scheduling conflicts, reservations should be made at least four (4) weeks in advance. From time to time, due to unforeseen resource constraints, the District may need to change the Facility reservation. Notice will be given to the User by the District. USER CONTACT INFORMATION Company/Organization name: San Rafael Fire Department Requested by (print name): Jason Hatfield Number of attendees: TBD Company/Organization street address: 1039 C Street City, State Zip Code: San Rafael, CA 94901 E-mail address: Jason.hatfield a,citvofsanrafael.or2 Telephone number: 415-485-3304 Fax number: Start date (mm-dd-yy) / time: 11 - 10 - 2016 / ❑ AM ❑ PM End date (mm-dd-yy) / time: 11 - 10 - 2017 / ❑ AM ❑ PM PURPOSE (check all that apply) © Meeting ❑ Presentation ❑O Training of Public Safety and Homeland Security Personnel ❑ Other (describe below) COMPUTER EQUIPMENT (check all that apply) ❑ TV Monitor ❑ Projector ❑ Projection Screen ❑ Internet Access ❑ WiFi ❑ Computer (for internet use or flash drive; Windows 7, Microsoft Office Suite 2010) ❑ Laptop connection/(s) (for projection onto screen; MAC users supply their own VGA adapters Note: IT support available M -F, 8:00a — 5:00p FACILITY (check all that apply) Facility Requested Hours of Operation ❑ Cavallero Conference Room 8:00a -5:00p Mon -Fri ❑ Heritage Conference Room 8:00a -5:00p Mon -Fri ❑ James Berthinier Conference Area 8:00a -5:00p Mon -Fri ❑ Drafting Pit (use restricted) 8:00a -10:00p Mon -Fri and 930a -5:00p Sat/Sun/Holiday ® Training Classroom (use restricted) 8:00a -10:00p Mon -Fri and 930a -5:00p Sat/Sun/Holiday ❑x Training Tower (use restricted) 8:00a -10:00p Mon -Fri and 930a -5:00p Sat/Sun/Holiday • USAR Training Grounds (use restrctd) 8:00a -10:00p Mon -Fri and 930a -5:00p Sat/Sun/Holiday (No water/power/bathroom facilities) ORIENTATION (For Public Safety and Homeland Security Personnel Only) • Ventilation Prop Orientation (check one) ❑ Completed ❑ Required • Smoke machine and/or smoke bombs approved? ❑ Yes ❑ No • Fire Fighting Foam USE PROHIBITED IN ALL SECTORS ❑ Agreement ❑ Certificate of Insurance with Endorsement for General Liability ❑ Insurance Reduction. Waiver .-I General Liability Release Waiver ❑ IRS 501(c)(3) Approved: U Yes ❑ No Signature: Date: Print name: 5 of 6 Novato Fire Protection District Rev041316 NOVATp District Form AD -81 EXHIBIT A — FACILITY RIC N FORM District Contact names for questions regarding the conference rooms, training facilities, or available computer equipment: CONFERENCE ROOMS Lauren Pallas Administrative Assistant Ipallas(@novatofire.orq 415-878-2608 TRAINING FACILITIES Chief Jeff Whittet Battalion Chief/Training Officer i wh ittet(cD n ovatofi re. o rq 415-878-2605 COMPUTER EQUIPMENT Jeanne Villa Admin Services Manager ivilla(cDnovatofire.orq 415-878-2631 Contact Battalion Chief Jeff Whittet for technical informaton regarding the Training Facilities listed below: Training Tower Fire Station 62 450 Atherton Ave. USAR Training Grounds Fire Station 62 450 Atherton Ave. Drafting Pit Fire Station 62 450 Atherton Ave. 6of6 Novato Fire Protection District Rev041316 OF( �w&uee.� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Fire Department Project Manager: Jeff Rowan Extension: 3303 Contractor Name: Novato Fire Protection District Contractor's Contact: Lauren Pallas Contact's Email: Ipallas@novatofire.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to ❑ enter a date. N/A b. Email contract (in Word) & attachments to City 11/14/2016 Atty c/o Laraine.Gittens@cityofsanrafael.org x❑ 2 City Attorney a. Review, revise, and comment on draft agreement 11/15/2016 ❑x LAG and return to Project Manager Click here to b. Confirm insurance requirements, create Job on enter a elate. ❑x _N/A PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 4 Project Manager When necessary, * contractor -signed agreement ❑ N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Click here to Date of Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed 7 City Attorney agreement Review and approve insurance in PINS, and bonds / ►HCl (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager ll I I hil g — q- 3- 3/