HomeMy WebLinkAboutLR san Rafael Community Center Ongoing Rental; Alcoholics AnonymousAGREEMENT FOR THE USE OF SAN RAFAEL COMMUNITY CENTER
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THIS AGREEMENT (the "AGREEMENT") is made and entered into this 5 day of April 2022
by and between the CITY OF SAN RAFAEL (hereinafter "CITY") and Kate Kennedy/Alcoholics
Anonymous, (hereinafter "RENTER").
WHEREAS, CITY owns and operates San Rafael Community Center (further described in section
3.A. below and hereinafter referred to as the "FACILITIES"); and
WHEREAS, RENTER has requested use of the FACILITIES through a successful application
as a part of the CITY's ongoing rental allocation process, which process was approved by the Park and
Recreation Commission on July 16, 2020; and
WHEREAS, the CITY has determined that facility space is available for RENTER's use, per the
terms and schedule outlined in this agreement; and
NOW, THEREFORE, the parties hereto agree as follows
1. Purpose. The purpose of this AGREEMENT is to define the scope of the use of San Rafael
Community Center and specific facilities therein by RENTER, the operations conducted by RENTER and
the responsibilities of CITY, to set forth the compensation to be paid to CITY for such use, and to
enumerate other related provisions that will contribute to the mutual benefit of the parties to this
AGREEMENT.
2. Term. This AGREEMENT shall become effective on January 1, 2023 and shall extend for a
one-year term, through December 31, 2023. Either party may terminate this AGREEMENT as provided
for in Section 10.
3. Scope of Use. CITY and RENTER agree that the use of the FACILITIES by RENTER
and the responsibilities of the CITY and RENTER shall be as described herein. Changes in
services and responsibilities must be negotiated and mutually agreed upon in writing by both
parties.
A. Site.
(1) The FACILITIES are located at 618 B Street, San Rafael and include San
Rafael Community Center.
B. Operations
(1) RENTER shall be responsible for all aspects of operations of its
activity/events/organization.
(2) CITY and RENTER mutually agree on the facility use schedule outlined in Exhibit A
attached hereto and incorporated herein. Any requests to change the agreed upon schedule
by RENTER must be made in writing at least thirty (30) days prior to the date of the
requested change and will be granted at the discretion of the CITY. Requests for
cancellations or changes made with less than thirty (30) days advanced notice shall not be
eligible for a refund of rental fees. Changes will be subject to facility availability.
CITY may cancel or change the facility use schedule at any time with ten (10) days' notice
to RENTER. In the event that CITY cancels or changes the schedule, RENTER will
receive a full refund for the affected dates.
(3) CITY shall provide RENTER with adequate access to the FACILITIES.
(4) RENTER shall be responsible for abiding by all rental policies and procedures set out
in Exhibit B attached hereto and incorporated herein.
(5) RENTER acknowledges that the facility may be rendered unusable or otherwise
unavailable due to declared states of emergency and/or circumstances beyond the CITY'S
control, including but not limited to flooding, fire, natural disaster, power outages, public
health emergencies, criminal acts or acts of war or terrorism. In the event that the facility
should become unavailable due to any such circumstances, the CITY will refund any fees
received from renter and such refund will constitute the limit of CITY'S liability to renter
in connection with the unavailability of FACILITIES. CITY shall not be liable to
RENTER for any actual or RENTER'S consequential damages, including but not limited
to other costs incurred in connection with RENTER'S event, lost profits and lost
opportunity.
C. Maintenance of Facilities.
(1) CITY shall deliver in good condition, within its commercially reasonable capacity to
do so, fit for intended use, the FACILITIES and all furnishings, buildings, and equipment;
and shall provide all regular and routine maintenance of the FACILITIES related to the
operation of the building.
(2) CITY shall provide all utility, water, electrical, gas, and garbage disposal services to
the FACILITIES, at its sole expense.
(3) RENTER shall notify CITY of dangerous, hazardous, or unsafe conditions
immediately upon discovery and shall prevent public exposure to such.
(4) CITY shall provide all soaps and restroom paper products, and stock the same for the
permanent restrooms located at the FACILITIES.
D. Equipment.
(1) CITY shall provide and maintain fixed equipment and furnishings, including but not
limited to tables and chairs. RENTER shall replace or reimburse CITY for damaged or
lost equipment supplied by CITY, normal wear and tear excepted.
(2) Except as appropriate for CITY owned equipment or furnishings, RENTER shall be
permitted to store a limited amount of equipment or furnishings in an area agreed upon by
CITY and RENTER. CITY is not responsible for any lost or damaged items belonging to
RENTER stored at FACILITY. When possible, RENTER will be given (10) days' notice
should the storage area be no longer available.
E. Fees.
(1) RENTER shall pay CITY in accordance with the City of San Rafael Master Fee
Schedule, for the use of FACILITIES, for the dates and times included in Exhibit A,
including an annual security deposit. The below table outlines the relevant fees from the
Master Fee Schedule that will be charged, as of the agreement date:
Facility Resident Non -Profit Fee
Auditorium $90/hour
Kitchen $120/day
The deposit must be paid in full at the time the facility use agreement is signed and is
separate from rental fees. It will not be applied toward the rental balance. The deposit will
be returned 30 days after the termination of the facility use agreement, except that such
refund will be reduced to cover any extra costs incurred by CITY due to cleaning, damage
to facility or grounds, overtime hours, or additional equipment used during event. The
refund may also be reduced if an event exceeds estimated capacity or is in violation of any
facility rules or policies.
Additional charges may be required if damage exceeds deposit amount.
If CITY revises the Master Fee Schedule during the term of the AGREEMENT, the rate
within this AGREEMENT for the dates and times included in Exhibit A shall remain the
same over the Term of the AGREEMENT. Should RENTER request dates or times
beyond Exhibit A, those will be charged at the rate in the Master Fee Schedule at the time
the additional reservation is made.
(2) Payment of Fees shall be due on the first of the month. Once payment is made, no fees
will be refunded unless the schedule is changed at the request of the CITY.
4. Indemnification and Hold Harmless.
Parties agree to the following:
A. CITY agrees to protect, defend, indemnify, and hold harmless RENTER, its officers,
elected officials, agents, and employees, from any and all claims, damages, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments,
awards, costs and expenses (including reasonable attorneys' fees and disbursements) due
to the willful misconduct or sole active negligence of CITY arising in connection with this
Agreement.
B. Except as provided in Paragraph A of this Section, RENTER agrees to defend,
indemnify, release, and hold harmless CITY, its officers, elected officials, agents, and
employees (collectively, for purposes of these indemnification provisions, the "CITY"),
from any and all claims, damages, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and expenses (including
reasonable attorneys' fees and disbursements), related to damage to property, and/or
injury or death to any person occurring in, on or about the FACILITIES during or in
connection with RENTER use of the FACILITIES pursuant to this AGREEMENT, or
related to RENTER'S failure to perform any provision of this AGREEMENT.
In addition, RENTER agrees to defend, indemnify, release, and hold harmless the CITY
from any and all claims, actions or proceedings brought against it, the purpose of which is
to attack, set aside, void or annul the CITY's approval of this AGREEMENT. This
indemnification shall include, but not be limited to, damages, costs, expenses, attorney fees
or expert witness fees that may be asserted or incurred by any person or entity, including
RENTER, arising out of or in connection with the CITY's approval of this
AGREEMENT. In the event RENTER is required to defend the CITY in connection
with any said claim, action or proceeding, the CITY shall retain the right to approve any
and all settlements, which approval shall not be unreasonably withheld. Nothing herein
shall prohibit the CITY from participating in the defense of any claim, action or
proceeding, provided that if the CITY chooses to have counsel of its own to defend any
claim, action or proceeding where RENTER already has retained counsel to defend the
CITY in such matters, the fees and the expenses of the counsel selected by the CITY shall
be paid by the CITY.
C. The provisions of this Section shall survive the termination or expiration of this
AGREEMENT.
D. Nothing contained in this section or this AGREEMENT shall be construed to create a
liability to or a right of indemnification in any third party.
5. Insurance.
A. RENTER, at its sole cost and expense, shall obtain and maintain, during the life of this
agreement such public liability insurance in the amount of $1,000,000 per occurrence,
$2,000,000 aggregate satisfactory in form to CITY, and with the CITY, its officers,
employees, agents and volunteers added as additional named insureds, as shall protect
RENTER and CITY, its officers, employees, agents, and volunteers from claims for
damages or personal injury, including accidental death as well as for claims for property
damage which may arise from or out of this AGREEMENT, or RENTER'S use of the
FACILITIES.
B. Each such policy of insurance described in Section 5. A. shall be endorsed to provide as
follows:
(1) The additional insured coverage under RENTER'S insurance policies shall be
"primary and noncontributory" with respect to any insurance or coverage maintained by
CITY and shall not call upon CITY'S insurance or self-insurance coverage for any
contribution.
(2) The coverages afforded shall apply as if separate policies were issued to each party
and additional insured (gross liability).
(3) All rights of subrogation are waived against CITY and the members of its City
Council and elective or appointive officers or employees, when acting within the scope of
their employment or appointment.
(4) This insurance shall not be canceled; limited or non -renewed until after (30) day's
written notice has been provided to the CITY.
C. RENTER, at its sole cost and expense, shall obtain and maintain, during the life of this
agreement Workers' Compensation Insurance for all of RENTER's employees, all in strict
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compliance with State laws, and to protect the City from any and all claims thereunder. The
Workers' Compensation shall be specifically endorsed to waive any right of subrogation
against the City.
If RENTER has no employees, RENTER must initial here: and this
requirement to provide workers compensation insurance is waived.
D. A duly executed Certificate of Insurance, evidencing all of the coverages required herein,
and all required endorsements, shall be submitted to the City Attorney for approval prior
to commencement of use of the FACILITIES.
6. Third Party Action Notification. In the event any action or suit is filed, or claim made
against a party related in any way to the services performed or use of the FACILITIES pursuant
to this AGREEMENT, that party shall provide prompt notice of the same to the other party.
7. Severability.
A. If a court of competent jurisdiction holds any part, term or provision of this
AGREEMENT to be illegal or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations pursuant to this
AGREEMENT shall be construed and enforced as if the AGREEMENT did not contain
the particular provision held to be invalid.
B. If any provision of this AGREEMENT is in direct conflict with any statutory provision of
the State of California, that provision shall be deemed inoperative and null and void insofar
as it may conflict and shall be deemed modified to conform to such statutory provision.
8. Non -Waiver. A waiver by either party of the breach of any provision of this AGREEMENT by
the other party shall not operate or be construed as a waiver of any subsequent breach by either
party or prevent either party thereafter enforcing any such provision.
9. Assignability and Subleases: No Third -Party Beneficiaries.
A. RENTER shall not assign or transfer any interest in this AGREEMENT, nor its duties
and obligations under this AGREEMENT, without the prior written consent of CITY,
said consent not to be unreasonably withheld or delayed, and any attempt by RENTER
to so assign this AGREEMENT, or any rights, duties, or obligations arising hereunder,
shall be void and of no effect.
B. RENTER shall not sublet any or all of the Facilities without the prior written consent of
Lessor, which may be withheld by Lessor in its sole discretion and any such purported
subletting shall be void.
C. Neither party shall assign or transfer its rights to enforce any part of this AGREEMENT.
The obligation of the CITY and the obligations of RENTER stated in this
AGREEMENT are not intended to, and do not, create any rights to any other person or
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entity which such person or entity would not otherwise have in the absence of this
AGREEMENT.
10. Termination.
A. CITY Termination. CITY may terminate this AGREEMENT, without Cause, prior to
the end of the term hereof, upon sixty (60) days' advanced written notice to RENTER.
CITY may terminate this AGREEMENT with Cause upon thirty (30) days' advanced
written notice. Cause shall be defined as default on any of the following terms:
(1) Upon written notice from CITY, if RENTER is in arrears on payments and does not cure
within 10 days.
(2) Upon written notice from CITY, if RENTER fails to correct, within 10 days of
written notice, any failure to conduct its permitted activities in compliance with this
AGREEMENT.
(3) Upon written notice from CITY, if RENTER fails to maintain, within 10 days of
written notice, insurance as required by this AGREEMENT.
(4) Upon written notice from CITY, if RENTER fails to correct, within 10 days of
written notice, RENTER's breach of any other material term of this AGREEMENT.
B. RENTER Termination. RENTER may terminate this AGREEMENT without Cause
upon sixty (60) days' advance written notice to CITY. In this event, Fees that have already been
paid shall be retained by the CITY. RENTER may also terminate this AGREEMENT at any time
for Cause, which shall be defined as CITY's failure to correct, within 10 days of written notice,
CITY's breach of any material term of this AGREEMENT.
11. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the
parties to their addresses below, or to such other addresses as the parties may hereafter designate in writing:
TO CITY:
Library & Recreation Director
San Rafael Library and Recreation
618 B Street
San Rafael, CA 94901
TO RENTER:
Kate Kennedy
Alcoholics Anonymous
12 Skylark Drive #6
Larkspur, CA 94939
Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered.
Such notices shall be deemed effective when so mailed or hand delivered to the addresses specified above.
12. Survival. Any provision of this AGREEMENT that imposes an obligation after termination or
expiration of this AGREEMENT shall survive the term of expiration of this AGREEMENT and shall be
binding on the parties to this AGREEMENT.
13. Governin2 Law. This AGREEMENT shall be governed by and construed in accordance with
the laws, rules and regulations of the State of California.
14. Compliance with Law. All parties to this AGREEMENT shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of this
AGREEMENT.
15. Nondiscrimination. RENTER shall not discriminate, in any way, against any person on the basis of
age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to RENTER'S
use of the FACILITIES or duties and obligations under this Agreement.
16. Neutral Authorship. Each of the provisions of this AGREEMENT has been reviewed and
negotiated and represents the combined work product of all parties hereto. No presumption or other rules
of construction which would interpret the provisions of this AGREEMENT in favor of or against the party
preparing the same shall be applicable in connection with the construction or interpretation of any of the
provisions of this AGREEMENT.
17. Hine, A copy of this AGREEMENT shall be filed with the City Clerk's office.
18. No Employment Relationship. CITY and RENTER understand and expressly agree that in
connection with this AGREEMENT, each party bears full responsibility for controlling the manner and
means by which its respective employees, agents, and volunteers perform work, and for providing all
compensation and other employment benefits including payroll taxes and worker's compensation coverage
to its respective employees. RENTER employees are not CITY employees and CITY employees are not
RENTER employees, and employees of either party shall have no right to, and shall make no claim for,
any type of employment benefits or compensation from the other party.
19. Entire Agreement—Amendments. The terms and conditions of this AGREEMENT represent
the entire AGREEMENT of the parties with respect to the subject matter of this AGREEMENT and
supersede any and all prior negotiations, discussions, understandings, and agreements between the parties
as to the subject matter hereof. The terms and conditions of this AGREEMENT shall not be altered or
modified except by a written amendment to this Agreement signed by CITY and RENTER. The City
Manager, or his/her designee, is authorized to alter or modify the terms and conditions on behalf of CITY
as necessary. The Managing Member of RENTER or his/her designee is authorized to alter or modify the
terms and conditions on behalf of RENTER as necessary.
20. Counterparts and Electronic Signature. This Agreement may be executed by electronic signature
and in any number of counterparts, each of which shall be deemed an original, but all of which together shall
constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of
electronic transmission.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT as of the day, month and year
first above written.
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CITY OF SAN RAFAEL
JIM SCUT , Cityanager
ATTEST:
J, ,
LINDSAY LARA, City Clerk
Attachments:
Exhibit A: Schedule of Use
Exhibit B: Conditions of Use
RENTER NAME
APPROVED AS TO FORM:
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b6R- OF. EPSTEIN, City ttorney
EXHIBIT A: SCHEDULE OF USE
Alcoholics Anonymous 2023 Schedule of Use:
Tuesdays 7:30 pm — 10:00 pm Auditorium and Kitchen
Facility will not be available on:
December 19, 2023
December 26, 2023
EXHIBIT B: CONDITIONS OF USE
Care of Facilities/Hours
All groups using a City facility shall be responsible for proper use and care of all property, equipment and
facilities. Rental rooms/space must be left in the condition in which they were found. Any items brought in
during the rental must be removed by the end of each rental occurrence.
Preparation and clean up shall be completed by the renter including removal of decorations and other
items brought by the renters. A facility -specific clean-up checklist will be provided. Decorations must
abide by the following regulations:
a) Cellophane adhesives, nails, screws, staples, etc., in walls, woodwork or windows is prohibited.
b) All decorations must be fireproof or of fire -retardant materials.
c) At no time shall exits be covered or obstructed.
d) No open flame allowed.
e) Balloons and/or balloon string must be removed and disposed of. Any balloons that become
entangled in fans will need to be removed using scissor lift at the expense of the renter.
f) Birdseed, glitter, rice, confetti, rose petals, etc. are not allowed at the event.
All activity, including set-up and cleanup, must be listed as rental time on the agreement. Rentals must
stay within the following facility schedule:
Facility Opens Event ends, Amplified sound Clean-up complete, Renters
turned off out of facility
Sunday -Thursday 8:30am 9:OOpm 10:00pm
Friday -Saturday 8:30am 10:OOpm (9:30pm @ Terra 11:00pm (10:30pm @ Terra
Linda Community Center) Linda Community Center
Renter Properties
Any property or temporary fixtures brought to the facility for any event must be pre -approved by the
Facilities Supervisor. The renting party shall remove such property within a predetermined and agreed
upon time after the scheduled event. Any property installed without prior approval will be removed at
renting party's expense. The City of San Rafael is not responsible for lost or stolen items and will not be
responsible for any items delivered before or left after an event. Nothing may be stored on-site without
prior approval of Facility Supervisor.
Security
The City does not generally require security for ongoing rentals, however the Director can make
exceptions in writing if they find a credible risk to the health and safety of participants and other facility
users.
Alcohol
Renters must comply with all the rules and regulations of the State Department of Alcoholic Beverage
Control. City of San Rafael Alcohol Management Policy must be read, signed and adhered to by renter.
If alcoholic beverages are to be sold, and the sale of alcohol is approved by staff, the City requires the
user to obtain a permit from the State Alcoholic Beverage Control Department. A permit is only required if
the user is planning on selling alcohol. A copy of the permit shall be submitted to the Library and
Recreation Department 30 days prior to the event.
Events involving exchange of any type of monetary consideration (example: purchase of meal ticket with
alcohol being served as part of that meal) requires the renter to obtain an ABC permit. State law prohibits
the serving of alcoholic beverages to minors or to anyone who is or appears to be under the influence of
alcohol. Alcohol must be served by an adult, over 21, from a bar or staffed beverage table.
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Renter is responsible for any of their guests who bring alcohol into the facility without obtaining the proper
insurance and security requirements. The City reserves the right to cancel or stop an event if alcohol is
consumed without meeting these requirements
Exits
All exit doors must always be kept clear. At no time can exits be covered or obstructed by tables, chairs or
equipment. Fire code requires 3 ft. clearance to be maintained around all exit's doors throughout the time
of the event. The city reserves the right to cancel or stop an event that does not meet exit door clearance
requirements.
Service of Food or Beverages
In all facilities, no food items shall be sold to the public, unless approved in advance by the Facilities
Supervisor. County permits are not required for the sale of food at a single day event. Events for longer
than one day, which include serving or selling food, are required to obtain a "Temporary Food Facility
Permit" from the Marin County Environmental Health Department. In all cases where food is available,
renters shall be advised to contact the Environmental Health Department regarding safe food handling.
Catering and Kitchen Use
Renters may provide their own food and beverages, or they may utilize professional caterers for their
event. Renters are responsible for arranging their own catering, linens, dishes and catering supplies. Any
equipment or decorations brought on site must be delivered and picked up within your reserved time
unless prior arrangements are made with the Facilities Supervisor.
All vendors and caterers must have a current San Rafael business license.
Renter is responsible for the condition of the kitchen and for the caterer in charge of the event. Failure to
comply with kitchen regulations will result in a reduction or forfeiture of the deposit. Kitchen must be
returned to the same condition in which it was found at beginning of event. Barbecuing requires pre -
approval and is restricted to certain areas outside the facility.
Parking
Parking availability is not guaranteed and may be limited. Parking spaces may not be reserved. Valet
parking must be pre -approved by Facilities Supervisor prior to event
Amplified Sound
Renters must bring their own equipment and extension cords. Doors to the room where amplified sound
is being played should remain closed throughout the event. Amplified sound should not be audible to
facility users in other closed -door rooms within the center and should not disrupt the neighbors. Amplified
sound must be turned off based on the facility schedule included in the "Care of Facilities/Hours" section.
Please refer to the facility's noise policy for additional specifications.
Smoking and Chemical Sensitivity
Smoking is not permitted in any City building or park. Renter is responsible for adhering to and enforcing
the non-smoking ordinance.
To allow individuals with environmental illness or multiple chemical sensitivity to attend functions at the
community centers, individuals are requested to refrain from wearing scented products.
Photography
Library and Recreation Department staff reserve the right to photograph events for promotional purposes.
Publicity
The City of San Rafael reserves the right to review and approve materials used to publicize events to be
held in a city facility. City staff may not/will not give out information on private rentals. The community
centers are not to be listed as a contact for your rental.
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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: Library & Recreation
Project Manager: Damian Sandholm Extension: 3118
Contractor Name: Alcoholics Anonymous
Contractor's Contact: Kate Kennedy Contact's Email: kathleenleakennedy@gmail.com
❑ 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.
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
2/9/2022
❑X CQ
2
City Attorney a. Review, revise, and comment on draft agreement
2/11/2022
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and return to Project Manager
Flick here to
b. Confirm insurance requirements, create Job on
enter a date.
❑
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
3/28/2022
® —SAW—
contractor
4/5/2022
4
Project Manager
Forward three (3) originals of final agreement to
contractor for their signature
Lx, N/A
5
Project Manager
When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
[]
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
.lick here to
Date of City Council approval
enter a date.
PRINT
Project Manager
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Forward signed original agreements to City
J
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City Attorney
Attorney with printed copy of this routing form
ZZ
7
Review and approve hard copy of signed
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agreement
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8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
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9
City Manager/ Mayor
Agreement executed by City Council authorized
official
Attest signatures, retains original agreement and
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10
City Clerk
forwards copies to Project Manager
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