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HomeMy WebLinkAbout2015-008 AVMF Facilities Use Agmt CITY OF ATASCADERO FACILITY USE AGREEMENT This Facilities Use Agreement ("Agreement") is entered into by the City of Atascadero (City) and the Atascadero Veterans' Memorial Foundation (Organization) In light of the history of Atascadero's Historic City Hall having at one time been known in the community as the "Veterans Memorial Building," it is the wish and intent of the City of Atascadero (City) and the Atascadero Veterans' Memorial Foundation to come to an Agreement wherein the Organization is allowed access at certain times to one meeting/conference room in Historic City Hall without charge to the Organization. It is the intent of both the City and the Organization that the City will not incur any additional costs or staff time in providing access to the meeting/conference room. The person signing this Agreement and the Organization on whose behalf the Agreement is being made are responsible for compliance with this Agreement. 1. FACILITY INFORMATION Atascadero's Historic City Hall, (also known as the Veterans Memorial Building and the Administration Building), located at 6500 Palma Avenue, Atascadero CA. (Facility) 2. ORGANIZATION 1 ATI Organization name: Atascadero Veterans' Memorial Foundation Contact name: Al Fonzi Telephone: 805-423-5482 Email: ajfonzi2 hotmail.com Address: PO Box 1466 Atascadero, CA 93423 3. FACILITY ROOM USE INFORMATION A. The Organization will be allowed full use of a conference room in Atascadero's City Hall free of charge in the following instances: 1) Any 4th Tuesday night of each month when a Council meeting is occurring. The use may start no earlier than 5pm and the Facility must be vacated at the time that the Council meeting is completed or within 15 minutes thereafter. 2) If there is no scheduled Council meeting on the 4th Tuesday or it is expected that the 4th Tuesday night Council meeting will be too short to accommodate a meaningful Organization board meeting, the Organization may contact the City Manager to arrange use of a conference room at another mutually agreeable time when the Facility is already scheduled to be open to the public and staffed. In no instance, will the City open the Facility and/or staff the Facility for the sole purpose of accommodating the Organization's need for a conference room. 3) In addition to the above use, the Organization may schedule the use of a conference room subject to availability for up to four (4) additional days per year during normal City business hours (Monday — Friday 8:30 am — 5:00 pm). The Organization shall contact the City and schedule use of the conference room through the City's normal room reservation process. 4) Any additional use of City Hall facilities will be subject to the City's Historic City Hall Facility Use and Rental Policy. B. The specific conference room assigned the Organization shall be at the City Manager's discretion; however it is anticipated that in most instances it shall be a conference on the first floor. 4. CONDITIONS OF USE A. A certificate of insurance is required and endorsement are required pursuant to Section 6 of this Agreement. B. The Facility shall be used for the purpose stated in this Agreement and no other use will be permitted. C. The Organization shall not use the City's name to suggest endorsement or sponsorship of the event without prior written approval of the City Manager or his/her designee. The Organization's publicity of the event shall clearly and accurately identify the name of the sponsoring organization or individual. D. The Organization shall permit City staff to visit the event described in this Agreement. E. Under no circumstances shall the Organization sublease or allow any other organization or individual to use the Facility for the period for which Organization has contracted. The Organization is an independent agent and is not the agent or employee of the City of Atascadero. F. The Organization is responsible for setting up the room in their desired configuration. The Organization shall also be responsible for general cleanup of the room after use. G. The Organization understands and agrees that certain areas of the Facility will be locked off and not available to the Organization. This may mean that although the conference room is on the first floor, the nearest available restroom may be on the fourth floor. H. There has previously been established an Agreement by and between the City of Atascadero and the Atascadero Historical Society wherein the public display cases in the public meeting rooms are under the control of the Atascadero Historical Society. If the Organization wishes to make use of a display case, it will be necessary for the Organization to obtain permission of the City and the Atascadero Historical Society in order to do so. 5. FEES A. Regardless of the City's previously established Facility Use and Rental policy, the Organization shall be allowed use of a conference room as specified above at no charge to the Organization. An exception is being made to the City's Historic City Hall Facility and Rental Policy in this instance for this Organization only. B. In the event the Facility is left damaged, the Organization shall be charged for any and all janitorial and/or repair fees incurred by the City as a result of same and these fees shall be billed to the Organization. 6. INDEMNIFICATION AND INSURANCE A. The Organization shall indemnify, defend, and hold harmless the City of Atascadero, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Organization's use or occupancy of the Facility and adjoining property, unless solely caused by the gross negligence or willful misconduct of the City, its officers, employees, or agents. B. The Organization shall procure and maintain general liability insurance against any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liability for injuries to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with its use or occupancy of the City's facilities and adjoining property in the amount of $1,000,000 (one million dollars) per occurrence. Such insurance shall name the City of Atascadero, its officers, employees, and agents as additionally insured, and shall be delivered to the City prior to the implementation of this Agreement. If a copy of the insurance certificate is not on file with the City, the City may deny access to the Facility. C. The Organization shall report any personal injuries or property damage arising at any time during and/or arising out of or in any way connected with its use or occupancy of the Facility and adjoining property to the City Manager or his/her designee, in writing and as soon as practicable. D. The Organization waives any right of recovery against the City, its officers, employees, and agents for fires, floods, earthquakes, civil disturbances, regulation of any public authority, and other causes beyond the their control. E. The Organization waives any right of recovery against the City, its officers, employees, and agents for indemnification, contribution, or declaratory relief arising out of or in any way connected with the Organization's use or occupancy of the Facility and adjoining property. 7. SECURITY A. The Organization is solely responsible for supervising all individuals at the Facility and adjoining property during its use of the Facility. B. Use of the conference room may allow the public to have access to areas of the Facility that are not normally accessible to the public. The Organization agrees, to the best of their ability, to monitor access to those areas and to redirect the public to the areas of the Facility that are open to the general public at that time. C. The City may evict individuals from the Facility if their conduct is not in the best interest of the public or is deemed to be detrimental in any way. 8. SET U / CLEAN UP / DECORATIONS A. The Organization shall not drive or permit to be driven nails, hooks, tacks, screws, poles, stakes or other forms of fasteners into any part of the Facility and shall not make or allow to be made any alterations of any kind therein. B. The Organization shall not store any equipment or materials at the Facility or adjoining property without the prior written approval of the City Manager or his/her designee. C. The Organization shall be responsible for any and all damage to the Facility and/or its contents during use. In the event damage occurs or excessive cleaning is necessary, the Organization shall be charged for any and all janitorial and/or repair fees incurred by the City as a result. 9. EQUIPMENT/ACCESSORIES A. The Organization shall not remove, relocate, or take City property outside of the Facility for any reason without the prior written approval of the City Manager or his/her designee. B. The Organization shall not use the City's equipment, tools, or furnishings located outside of the designated conference room in or about the Facility without the prior written approval of the City Manager or his/her designee. C. The City does not provide audio/visual systems, public address systems, spotlights, floodlights, or projectors. The Organization, at its own cost, may bring these systems into the Facility for their use. D. The Organization shall secure the approval of the City before using public address systems. 10. MISCELLANEOUS A. The Organization shall comply with all local, state, and federal laws and regulations related to the use of the Facility. B. The Organization shall not admit a larger number of individuals than can lawfully, safely, and freely move about the specified conference room and the Facility. C. Gambling of any kind is not permitted at the Facility. D. Smoking is not permitted at the Facility. E. No animals are permitted at the Facility, with the exception of guide dogs. F. The City may impose additional requirements as deemed necessary to protect the health, safety, and/or welfare of the community. G. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 11. WARRANTIES AND REPRESENTATIONS The Parties, and each of them, warrant and represent that they are authorized to enter into this Agreement. The Parties, and each of them, agree that this Agreement shall be binding on their representatives, agents, affiliates, owners, heirs, successors and assigns. 12. APPLICABLE LA This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of California. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties hereto, with respect to the subject matter referenced herein. This Agreement is the final embodiment of the Parties' agreement and shall supersede all prior or contemporaneous discussions, agreements, and understandings among the parties, whether written or oral, express or implied, relating in any way to the subject matter of this confidential settlement agreement. This is a fully integrated document. 14. EFFECTIVE DATE This Agreement shall be effective ("Effective Date") on the day the Agreement is signed by the City. 15. TERM This Agreement shall remain in force unless and until the Agreement is terminated pursuant to Section 16. 16. TERMINATION This Agreement may be terminated by either party, with or without cause, upon 30 days written notice to the other party. IN WITNESS WHEREOF, the Parties have duly executed this Agreement as of the dates written below. Atascadero Veterans Memorial Foundation By SXn-ature" Printed Name: '4"A5 Print Title: Date: City of Atascadero- By 'Rachelle Rickard, City Manager Date: //-S— ATTEST: B - ILIC Y-41,1aracia r�A�A�C'Iure'Torgerson, C.M.0