HomeMy WebLinkAboutCS Facility Use Agreement; Sun Valley SchoolCITY
Department: Community Services
Agenda Item No: 3 • c
Meeting Date: August 20, 2012
Prepared by: Carlene McCart c City Manager Approval
SUBJECT: Resolution of the City Council of the City of San Rafael Authorizing the City Manager to
Execute the San Rafael City Elementary School District Facility Use Agreement, Sun Valley Elementary
School
RECOMMENDATION: Approve Resolution
BACKGROUND: The Community Services Department has operated a licensed Child Care Center on
the Sun Valley Elementary School campus since 2003. The Center provides afterschool care for over 30
families each school year. To do so the San Rafael City Elementary School District allows the City to
utilize one classroom facility, common areas, and playgrounds for the academic school year. This
Agreement updates the rent charged for the use of the facility, the term, indemnity, insurance and other
requirements from past Agreements.
ANALYSIS: The term of this Agreement is three years. Both parties have the right to terminate the
Agreement with a three month written notice. Rent, based on square footage of the specified room will be
$4,362 per year, or approximately $436 per month of operation. It also assigns a prorated fee for utilities.
The Agreement outlines City liability for damage, use in accordance with the Agreement, indemnity,
staffing requirements, insurance, maintenance standards and conditions for exit from the Agreement. The
contents of the Agreement are similar to those with the Dixie School District for use of various campus
facilities for Child Care purposes. The Board of Education approved the Agreement on July 23, 2012.
FISCAL IMPACT: $4,362 per year plus 4% of overall utility cost reimbursement will be charged to the
Community Services Department, Youth and Family Division. Sun Valley Child Care Center participant
fees will pay for the Agreement costs in addition to the operational costs, as has been past practice.
OPTIONS:
1. Approve the Resolution Approving The San Rafael City Elementary School District Facility Use
Agreement Sun Valley Elementary School.
2. Deny the Approval, direct staff to re -negotiate the Agreement.
ACTION REQUIRED: Approve the Resolution Approving The San Rafael City Elementary School District
Facility Use Agreement Sun Valley Elementary School.
Encls. Exhibit A. The San Rafael City Elementary School District Facility Use Agreement Sun Valley
Elementary School
FOR CITY CLERK ONLY
File No. - - q—.3
Council Meeting: ,
Disposition: r'kql
RESOLUTION NO. 13394
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAN RAFAEL CITY ELEMENTARY SCHOOL DISTRICT FACILITY
USE AGREEMENT, SUN VALLEY ELEMENTARY SCHOOL
WHEREAS, the City of San Rafael has operated the Sun Valley Child Care Center on the Sun
Valley Elementary School campus since 2005; and
WHEREAS, the San Rafael City Elementary School District owns operates and maintains the Sun
Valley School campus at 75 Happy Lane, San Rafael, Ca 94901; and
WHEREAS, the District is willing and the City desires to use a portion of the campus for child care
purposes as authorized by the Civic Center Act ( Education Code Section 38130, et seq.) and according
to the terms and conditions stated in the Facility Use Agreement, Sun Valley Elementary School (Exhibit
A);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE TO
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAN RAFAEL CITY ELEMENTARY SCHOOL
DISTRICT FACILITY USE AGREEMENT, SUN VALLEY ELEMENTARY SCHOOL.
1, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael,
held on Monday, the 20th of August, 2012, by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Esther C. Beirne, City Clerk
THE SAN RAFAEL CITY ELEMENTARY SCHOOL DISTRICT
FACILITY USE AGREEMENT
SUN VALLEY ELEMENTARY SCHOOL
THIS AGREEMENT, entered into on the 23rd day of July, 2012, between the
SAN RAFAEL CITY SCHOOL DISTRICT (hereinafter "District") and CITY OF
WITNESSETH
WHEREAS, the District owns, operates and maintains certain property located at
75 Happy Lane, San Rafael, CA 94901; and
WHEREAS, the District is willing and CITY OF SAN RAFAEL desires to use the
property for childcare purposes, as authorized by the Civic Center Act (Education
Code section 38130, et seq.) and according to the terms and conditions stated
herein.
NOW, THEREFORE, DISTRICT AND CITY OF SAN RAFAEL AGREE as
follows:
1. "PREMISES: The District hereby leases to CITY OF SAN RAFAEL, and CITY
OF SAN RAFAEL hereby hires from the District the premises and facilities known
as 75 Happy Lane, classroom space, for a total of 960 square feet
(classroom 6), and located at 75 Happy Lane, San Rafael, CA, County of Marin,
State of California (hereafter "Premises"). Included in this Agreement are the
fixtures affixed to the Premises.
2. TERM: The term of this Agreement will be for a three (3) year period and
shall commence on July 1 2012, and shall terminate on June 30, 2015 unless
terminated earlier as provided in Section 3.
3. 'TERMINATION: Either party may terminate this Agreement for any reason
on three (3) months' written notice of termination to the other party.
4. RENT: As rent for the Premises and fixtures, CITY OF SAN RAFAEL shall
pay the District the sum of four thousand three hundred sixty-two dollars ($4,362)
annually or four hundred thirty-six dollars and twenty cents ($436.20) per month
for 10 months from August 15, 2012 through June 15, 2015. The payment shall
be made in the following manner: Payable in either one lump sum at the
beginning of the Agreement, or in ten (10) monthly payments due in advance of
the 1't of each month during the term of this Agreement. Should this agreement
be extended beyond the fiscal year listed above, the rent shall be increased by
3%.
5. ' USE OF PREMISES: The Premises are leased to CITY OF SAN RAFAEL for
the purpose of providing child care services in accordance with the terms and
L:: ! ORIGINAL
conditions of this Agreement. CITY OF SAN RAFAEL shall not use or permit the
Premises to be used for any other purpose without the prior written consent of
the District. CITY OF SAN RAFAEL shall solely be responsible for the control
and supervision of the Premises when being used by CITY OF SAN RAFAEL.
CITY OF SAN RAFAEL shall maintain the Premises in a safe and clean
condition. In the event that CITY OF SAN RAFAEL or any of its employees,
officers, agents, customers, guests or invitees cause destruction or damage to
District's property, CITY OF SAN RAFAEL shall be liable for the amount
necessary to repair the damages, and such destruction or damage shall be
grounds to terminate this Agreement at District's election.
District also grants to CITY OF SAN RAFAEL and CITY OF SAN RAFAEL
accepts a license for access to the Premises by the CITY OF SAN RAFAEL, its
employees, agents and clients of the child care program, the restrooms,
walkways and corridors, and the playgrounds at the Sun Valley Elementary
School.
CITY OF SAN RAFAEL understands that its use of the Premises is not exclusive
and is granted in joint with the District and/or other lessees, permittees, or
invitees approved by the District. CITY OF SAN RAFAEL further agrees that its
use of the Premises will not cause interference with the use of Sun Valley
School by District or other District -approved lessees, permittees, or invitees and
that any interference by CITY OF SAN RAFAEL, as determined by the District,
shall be grounds for termination of this Agreement.
6. TITLE TO PROPERTY: The parties acknowledge that title to the Premises is
held by the District and shall be unaffected by this Agreement,
7. 'UTILITIES: The District shall pay all water, gas, heat, light, power, and other
utility services supplied to the Premises. On a quarterly basis, CITY OF SAN
RAFAEL shall pay its pro -rated share of utility costs, based upon its usage of the
overall square footage, which at present time equals 4%.
8. ACCESS: The District reserves the right to enter and inspect the Premises at
any time, provided however, that the District will give advance notice of its intent
to enter whenever reasonably possible.
9. 'PROGRAM STAFFING AND BACKGROUND VERIFICATION: CITY OF
SAN RAFAEL represents that it is duly licensed to administer and operate its
programs, and at District request, CITY OF SAN RAFAEL shall provide copies of
relevant certification (s). CITY OF SAN RAFAEL shall be solely responsible for
the administration and operation of its programs, including the hiring of all
employees. CITY OF SAN RAFAEL shall be responsible for verifying the
qualifications, credentials, certificates, and licenses of its staff, agents,
consultants and/or subcontractors who may provide services in conjunction with
the CITY OF SAN RAFAEL's activities on the Premises.
10. FINGERPRINTING AND CRIMINAL BACKGROUND VERIFICATION:
Unless the District determines that the CITY OF SAN RAFAEL, its employees,
agents, subcontractors, invitees, and/or volunteers will have limited and/or no
contact with District students, CITY OF SAN RAFAEL shall be responsible for
ensuring compliance with all applicable fingerprinting and criminal background
investigation requirements described in Education Code section 45125.1, which
may be met under the fingerprinting provisions of Title 22 of the California Code
of Regulations and applicable provisions of the California Health and Safety
Code relevant to community care facility licensing (Health & Safety Code, § 1500
et seq.). CITY OF SAN RAFAEL shall provide in writing verification of
compliance with the aforementioned fingerprinting and criminal background
investigation requirements to District prior to each individual's commencement of
employment or participation in any CITY OF SAN RAFAEL activity and prior to
permitting contact with any pupils.
11. MAINTENANCE AND REPAIRS: CITY OF SAN RAFAEL shall keep and
maintain the Premises and fixtures reasonably clean and in good condition and
repair at its own cost and expense, unless otherwise provided in Section 12
below. Additionally, CITY OF SAN RAFAEL shall keep and maintain any leased
fixtures and personal property in good condition and repair, at its own cost and
expense.
District shall assume full responsibility for all repair and maintenance costs
relating to the roof maintenance. District shall be responsible for all other major
structural maintenance such as boilers, major plumbing and electrical. District
shall maintain the grounds in the same manner as the property of the District.
12. SAFETY INSPECTIONS: CITY OF SAN RAFAEL shall conduct safety
inspections as required by District or District's representative. CITY OF SAN
RAFAEL shall implement safety requirements as instructed by District or
District's representative.
13. CAPITAL IMPROVEMENTS AND MAJOR REPAIRS: In the event the
Premises are declared unfit for human occupancy or for the uses intended by this
Agreement because of structural defects, or any other reasons, by any
governmental agency, then the District may, at its election, make such repairs as
may be necessary to bring the Premises into compliance. In the event that the
repairs are not feasible or practicable, the parties may terminate the Agreement,
and CITY OF SAN RAFAEL shall be relieved of any further obligation under this
Agreement effective on the date that CITY OF SAN RAFAEL terminates its use
of the Premises for the purposes stated in this paragraph.
14. SURRENDER AT THE END OF TERM: CITY OF SAN RAFAEL agrees
that, upon termination of this Agreement, it will surrender possession of the
Premises, including any fixtures, to the District in a neat and clean condition, and
in a good state of repair, excepting only for reasonable use and wear thereof,
damage by fire, acts of nature, or the elements.
15. ALTERATIONS AND MECHANICS LIENS: CITY OF SAN RAFAEL shall
not make any alterations or additions to the Premises without the prior written
consent of the District, and any permanent alterations or additions made to the
Premises or fixtures shall become at once a part of the realty and belong to the
District. CITY OF SAN RAFAEL shall keep the Premises free from any liens
arising out of any work performed, materials furnished, or obligations incurred by
CITY OF SAN RAFAEL.
16 CITY OF SAN RAFAEL's PROPERTY: The District shall have no duty or
responsibility for the protection, safeguarding, care or storage of any personal
property of CITY OF SAN RAFAEL, nor shall District be liable for any damage to
personal property used or left on the Premises or any surrounding District
property by CITY OF SAN RAFAEL or CITY OF SAN RAFAEL's employees,
agents, contractors, customers, guests or invitees, including but not limited to
damage caused by fire, earthquake, acts of nature, vandalism, or burglary.
17. INDEMNITY: It is agreed that CITY OF SAN RAFAEL shall defend, hold
harmless and indemnify the District, its Board of Trustees, the members of its
Board of Trustees, its other officers, employees and agents from any and all
claims for injuries or damages to persons and/or property which arise out of the
terms and conditions of this Agreement and which result from the negligent acts
or omissions of CITY OF SAN RAFAEL, its officers, employees, customers,
guests, or invitees.
The duty of CITY OF SAN RAFAEL to indemnify and save harmless, as set forth
herein, shall include the duty to defend as set forth in Section 2778 of the
California Civil Code.
18. INSURANCE: CITY OF SAN RAFAEL shall carry at its expense and shall
provide the District with proof of public liability and property damage insurance in
an amount satisfactory to District, provided that such insurance shall not be less
than One Million Dollars ($1,000,000.00) combined single limit for bodily injury
and property damage. CITY OF SAN RAFAEL shall be named as primary
insured for the requested usage and the District, its Board of Trustees, the
members of its Board of Trustees, officers, employees and agents, shall be
named on as additional insured. CITY OF SAN RAFAEL shall file Certificates of
Insurance with the District prior to the use of the District's premises.
19. ASSIGNMENT OR SUBLETTING: CITY OF SAN RAFAEL shall not assign
this Agreement, or any interest therein, and shall not sublet the Premises or any
part thereof, or any right or privilege appurtenant thereto, or suffer any other
person (the agents and servants of CITY OF SAN RAFAEL excepted) to occupy
or use the Premises, or any portion thereof, without the prior written consent of
the District.
20. INDEPENDENT CONTRACTORS: This Agreement is made between
independent contractors. Nothing in this permit shall be deemed any
employment, joint venture or any other agency relationship between the District
and CITY OF SAN RAFAEL.
21. SURRENDER OF AGREEMENT NOT MERGER: The voluntary or other
surrender of this Agreement by CITY OF SAN RAFAEL or mutual cancellation
thereof, shall not work a merger, and shall, at the option of the District, terminate
all or any existing subleases or subtenancies, or may at the option of the District,
operate as an assignment to them or any or all such subleases and
subtenancies.
22. SIGNS: Any sign or label placed on the Premises, fixtures or equipment
shall be removed by CITY OF SAN RAFAEL at the expiration of this Agreement,
and any damage to the Premises caused by the removal or installation of the
sign shall be paid by CITY OF SAN RAFAEL.
23. HOLDING OVER: Any holding over after the expiration of the terms of this
Agreement, with the consent of the District, shall be construed to be a tenancy
from month to month on the same terms and conditions herein specified,
including the same rental amount stated above, unless otherwise agreed by the
parties in writing.
24. NOTICES: Any notices provided for herein shall be deemed delivered when
delivered personally to the other party or when delivered by certified mail, return
receipt requested, addressed as follows:
For District: San Rafael City School District
Business Office
310 Nova Albion Way
San Rafael, CA 94903
For City of City of San Rafael
San Rafael Community Services Department
618 B Street
San Rafael, CA 94901
25. ENTIRE AGREEMENT OF PARTIES: This Agreement constitutes the
entire agreement between the parties and supersedes all prior discussions,
negotiations and agreements, whether oral or written. This Agreement may be
amended or modified only by a written instrument executed by both parties.
26. CALIFORNIA LAW: This Agreement shall be governed by and the rights,
duties and obligations of the parties shall be determined and enforced in
accordance with the laws of the State of California. The parties further agree that
any action or proceeding brought to enforce the terms and conditions of this
Agreement shall be maintained in Marin County, California.
27. ATTORNEYS' FEES: If either party files any action or brings any
proceedings against the other arising out of this Agreement, the prevailing party
shall be entitled to recover, in addition to its costs of suit and damages,
reasonable attorneys' fees to be fixed by the court. The "prevailing party" shall
be the party who is entitled to recover its costs of suit, whether or not suit
proceeds to final judgment. No sum for attorneys' fees shall be counted in
calculating the amount of a judgment for purposes of determining whether a party
is entitled to its costs or attorneys' fees.
28. WAIVER: The waiver by either party of any breach of any term, covenant,
or condition herein contained shall not be deemed to be a waiver of such term,
covenant, condition, or any subsequent breach of the same or any other term,
covenant, or condition herein contained.
29. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective heirs, legal
representatives, successors, and assigns.
30 COUNTERPARTS: This Agreement and all amendments and supplements
to it may be executed in counterparts, and all counterparts together shall be
construed as one document.
31. CAPTIONS: The captions contained in this Agreement are for convenience
only and shall not in any way affect the meaning or interpretation hereof nor
serve as evidence of the interpretation hereof, or of the intention of the parties
hereto.
32. SEVERABILITY: Should any provision of this Agreement be determined to
be invalid, illegal or unenforceable in any respect, such provision shall be
severed and the remaining provisions shall continue as valid, legal and
enforceable.
33. INCORPORATION OF RECITALS AND EXHIBITS: The Recitals and each
exhibit attached hereto are hereby incorporated herein by reference.
in MULZIN I I I MROM 4 sr.] In or, MY
DATED: 7-23-12
SAN RAFAEL CITY SCHOOL DISTRICT
BY: Paul M. Cohen
President, Board of Education
ATTESTED:
BY: Christine Thomas
Chief Business Official
CITY OF SAN RAFAEL
DATED: 8-28-12
BY: Nancy Macklle
City Manager
THIS AGREEMENT IS NOT VALID UNTIL SIGNED BY BOTH PARTIES.
ATTEST:
Esther Beirne, City Clerk
n
APPROVED AS TO FORM
BT:--- Robert- F. Ep§tin, -CT*_ Attorney
CITY OF SAN RAFAEL
.ik 6�11 1� Ili ;111� IIII, li 1�1 I
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA/SRCC AGENDA ITEM NO. 3•c
DATE OF MEETING: August 20, 2012
FROM: Carlene McCart
DEPARTMENT: Community Services
DATE: August 2, 2012
TITLE OF DOCUMENT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAN RAFAEL CITY ELEMENTARY SCHOOL
DISTRICT FACILITY USE AGREEMENT, SUN VALLEY ELEMENTARY SCHOOL
DepartmentHead(signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL AGENCY
AGENDA ITEM:
City Manager (sibnature)
NOT APPROVED
APPROVED AS TO FORM:
City Attorney (signature�
