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HomeMy WebLinkAboutLR San Rafael Community Center Ongoing Rental; Open Door ChurchAGREEMENT FOR THE USE OF SAN RAFAEL COMMUNITY CENTER FOR ONGOING RENTAL THIS AGREEMENT (the "AGREEMENT") is made and entered into this 10 day of April 2022 by and between the CITY OF SAN RAFAEL (hereinafter "CITY") and Michael Riley/Open Door Church, (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: Facili Resident Non -Profit Fee Auditorium $90/hour Clubroom $30/room/hour 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 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. 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. Assienability and Subleases: No Third-PaM 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 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: Michael Riley Open Door Church 659 Las Colindas Road San Rafael, CA 94901 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. Governing 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. Filine. A copy of this AGREEMENT shall be filed with the City Clerk's office. 18. No Em to ent 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 maybe 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. CITY OF SAN RAFAEL ATTEST: I� ,4r LINDSAY LARA, City Clerk Attachments: Exhibit A: Schedule of Use Exhibit B: Conditions of Use RENTER NAME By: rc�GG� Person's Name, Title ftss,C. 1 axfol,- APPROVED AS TO FORM: "- 0A -., ROBERT F. EPSTEIN, CAj Attorney EXHIBIT A: SCHEDULE OF USE Open Door Church 2023 Schedule of Use: Sundays 8:00 am —12:00 pm Auditorium 9:30 am —11:30 am Clubroom 4 & Lounge Facility will not be available on: January 1, 2023 December 24, 2023 December 31, 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 9:00pm 10:00pm Friday -Saturday 8:30am 10:00pm (9:30pm @ Terra 11:00pm (10:30pm @ Terra Linda Community Center) Linda Comm unit 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. 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. �PXA RAP< if z R, yC WITH P 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: Open Door Church Contractor's Contact: Michael Riley Contact's Email: mike@opendoorsanrafael.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 Flick here 'Lo ❑ enter a date. b. Email contract (in Word) and attachments to City Attorney c/o Laraine.Gittens@cityofsanrafael.org I a. Review, revise, and comment on draft agreement 2/9/2022 2/11/2022 ❑X CQ ❑X LG 2 City Attorney and return to Project Manager Click 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 ❑X _SAW_ contractor 4 Project Manager Forward three (3) originals of final agreement to Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval *City Council approval required for Professional Services E] Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Ciick here to Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City (t ( I Attorney with printed copy of this routing form Review and approve hard copy of signed JI /��I ` 7 City Attorney agreement 8 City Attorney Review and approve insurance in PONS, and vop.Z for Public Works Contracts){ 9 City Manager/ Mayor Agreement executed by City Council atithorized official 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager ��