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HomeMy WebLinkAboutMINUTES - 12081998 - C70 T0: BOARD OF SUPERVISORS CONTRA COSTA COUNTY FROM: William Walker,M.D. Health Services Director DATE: November 18, 1998 SUBJECT: Use of City of Richmond Recreation and Parks Department#act€lty for a Health Services Department TeenAge Program sponsored event SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RecQ,ni Tlr ndatio : Authorize the Health Services Director or his designee,Wendel Brunner,M.D.,to hold harmless and indemnify City of:Richmond Recreation and Parks Department for the use of their Martin Luther King Community Center on December 12, 1998 for a youth health promotion event sponsored by the TeenAe Program. Backound: None. Fiscal 1mnact: The Public Health Division of the Health Services Department will sponsor a youth health promotion event, which includes a dance and cheerleading contest, at the Martin Luther King Community Center,Hazel Hall, in Richmond. CONTINUED ON ATTACHMENT: 0 YES CI NO SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): L&��Pn ACTION OF BOARD ON T 2QMftr 8, 1998 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT l I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND AYES: T1 NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT:_'1:Ej ABSTAIN: SUPERVISORS ON THE DATE SHOWN. ATTESTED Decmber 8, 1998 CONTACT PERSON: CHERI PIES(313-6254) PHIL BATCHELOR,CLERIC OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: Public Health Director Health Services Director FMCH BY: _ ,DEPUTY f• [A*%fpq t O-Nov-X812.21 PM User FACILITY RENTAL CONTRACTIPARK USE PERMIT Contract#: 413 Date: 09-Oct-98 Contract/Permit Status.Tentathre User ID: shawna THIS RENTAL CONTRACT AND USE PERMIT is by and between the City of Richmond Recreation and Parks Department a municipal corporation(`City')and CCC Health Services('Tenant`)represented by Brunner,Wendell. WHEREAS,Tenant desires to rent the facility and/or park outlined below,the City grants permission to use the faatity(ies)outlined below,subject to the Terms and Conditions of this Contract and Use Permit contained herein and attached hereto all of which farm part of this Contract and Use Permit. 1. PURPOSE OF USE Dance Event Name:Dance Competition g. CONDITIONS OF USE See Attachment A. ill. FACILITY&DATES&TIMES OF USE #of Bookings:/ Starting:12-Dec-98 Ending:12-Deo-98 Est.Attend.:200 Facility Day Mode Weeks Start Time End Time Start Date End Date Exceptions M.L K.C.C.-Hazel Hall Sat Addition 12:00 PM 03:00 PM 12-Dec-98 12-Dec-98 IV. ADDITIONAL FEES Extra Fee-Bookings Quantity Hours Charge Chairs-Community Center-(R)&(N 50 3:00 $12.50 Personnel-Attendant[luring Rental 1 3:00 $45.00 Tables-Community Center-(R) 5 3:00 $10.00 56 9:00 $67.50 V. PAYMENT PROVISIONS Rental Fees Extra Fees Tax Rental Total Damage Deposit Total Applied Balance Current $90.00 $67.50 $0.00 $157.50 $350.00 $0.00 $507.50 $0.00 Balance of rental due and payable immediately Damage Deposit Payable By:09-Oct-98 VI. OTHER INFORMATION Alcohol? No Food&Bev Yes Insurance? Yes Receipt? No Security? Yes Set Up Customer will provide set-up Set Up Add No addiotnal set-up required. VH. GENERAL RULES AND REGULATIONS In accordance with the General Policy: the use of Recreation&Cultural Services facilities will not be granted to:a)persons,groups,associations,dubs or organizations desiring use for"private gain,'a term which is defined and used here to mean use for the principal purpose of making a profit not pledged to be devoted to public or welfare use; b)when for any reason,as determined by the Recreation&Cultural Services Manager, such use may not be In the interest of the City of Richmond;c)to any party or organization political or otherwise,that advocates the overthrow of the government of the United States,or of the State of California, by force,violence,or unlawful means. 2) The Tenant and person(s)reserving or contracting the use of a facility or park must be at least 21 years of age,and agree to be in attendance at the scheduled event,and agree to accept responsibility for the condition of the facility listed above. Facility must be left in a clean and orderly condition or forfeit the deposit. 3) Contracts and permits once granted,cannot be transferred,assigned,nor sublet. 4) Organizations are to list the City of Richmond as an additional insured for at least$1,000,000.00 of comprehensive liability insurance and provide,In writing,30 days written notification of loss or cancellation of said policy. A copy of this policy should be sent to City of Richmond,2544 Barrett Avenue, Richmond,CA 948tTA. 5) All fundraising events or those events which involve concession sales must be approved In advance. 6) Tenant agrees to pay the City a fiat fee or proportion of gross sales to City as determined by the Recreation& Cultural Services Manager, 7) Permits for groups composed of minors(under 21)will be Issued only to adults responsible for supervising such minors throughout the period covered by the Contract and Use Permit. Rental Contracts/Park Use Page 1 prfnfed.- O -Nov9812:21 PM User ro t FACILITY RENTAL CONTRACTIPARK USE PERMIT Contmct#: 413 Date: 09-W-98 ContmeWermlt Status:Tentative User ID: shawna Permits by schools or related groups requires the signature of the school principal. VIIL STANDARD PROVISIONS TO RENTAL CONTRACTIPARK USE PERMIT THE TENANT AND CITY hereby specifically agrees to be bound by the provisions contained in that certain Instrument entitled Standard Provisions to Rental Contract: Attachment A which Is attached to this Facility Rental Contract 8 Park Use Permit and expressly made a part hereof by this reference. Tenant further acknowledges by execution of this Contract,that Tenant has carefully read and is familiar with and agrees to the provisions of said Attachment A,and that said Attachment A was In fact attached to this Facility Rental Contract/Park Use Permit. IN WITNESS WHEREOF,the parties have executed this Facility Rental Contract/Park Use Permit as of the date printed below. X: X: Brunner,Wendell CCC Health Services Name: 597 Center Ave Ste 200 Martfnex CA 94553 Business#:313-6885 Title: Fax#:313-6708 Richmond Recreation and Parks Department Date: Date: Thank you for choosing a City of Richmond facility for your rental needs. If you have any questions regarding this rental,please contact our facility booking office by voice at(510)620-6789,or fax at(510)620-6583. Facility Condition After Rental Report: Process Refund.,JES NO. Page 2 of 2 STA MAR© PROVISIONS 10 RENrAl, AG : ATTAQROT A A-1 SBCURMDEP05IT. Tenant hereby agrees to deposit the sus indicated "Security Deposit" cn page I writ .the City's Auditorium Manager as a Security Deposit, Mich deposit shall be a guarantee of payment to the City for: cast 'of excess utilities and excess received' by City from Tenant on the same hourly basis as rental provided herein; and damages caused by Tenant, its agents, guests, or employees; the removal of rubbish, debris, decorations, exhibits and similar items if the same have nbt been removed by Tenant; cleaning to restore the Premises to the•same condition as Premises were in immediately prior to commencement of the event; and TenantIsperformance of the provisions set forth in this Agreement. The unused. portion, If'any, -of the Security Deposit shall be returned by check to Tenant within thirty (30) days after the event unless City's Auditorium Manager notifies Tenant that it will take a•longer period of time to assess actual damages. If City incurs damages in excess of the amount of this deposit, Tienant shall be responsible coulter the 'terms of the ` Indemnification set forth in the Attachment A. A-2 RENTAL PES AND RESERVATION DEPOSIT. City acknowledges receipt of the Reservation Deposit to assure Tenant's rental of the-' Premises. If the Tenant does not; pay the balance of the. Rental Fee, if any, due on or before the elate indicated on page 1, the City's Auditorium Manager`may immediately cancel this Rental Agreement and.retain Tenant's Reservation Deposit and any portion of the Rental Fee paid by the Tenant. However, Tenant may cancel the reservation by SQ notifying the City's Auditorium Manager in writing sixty, (60) days or more prior to the date of the event, and seventy-five (75) percent;of said Rental fee and PAsez~vation Deposit paid shall be-refunded to the Tenant. All. of the Rental fee and Reservation Deposit paid by the Tenant shall be forfeited and retained by the City's Auditorium Manager if the Tenant cancels the reservation less than sixty (60) clays before the date of this event. A-3 XNSURAWE CO ACE VERIFICATION. If insurance coverage is indicated as requested 'on page 1. Tenant at its costs all maintain comprebensxve liability and property damage Insurance for the period of this lease or any extension in the amount of One Million dollars (51,000,000) per occurrence combined single limit -coverage. Such coverage;shall include, but shall not be limited to, protection against claims arising from bodily and personal injury, ieluding death resulting therefrom and damage to property resulting from operations w0templateft under this lease, use of owned and non-�ouved automobiles, products'a t completed operations. Such instir nce Shall be with insurers and under forms of policies satisfactory In all respects to Landlord's Counsel and shall provide that notice must he given Landlord at least forty-five (45) days prior to cancellation or material change. The following endorsements shall be attached to the policy: (a) Policy I* cover on an occurrence basis. (b) Policy mwt� cover personal injuries as veld as bodily injuries. Exclusion of contractual liability must be eliminated from personal injury endorsement. (c) Policy must cover-contracnl-liability by amercing definition of "incidental contract" to iciclude any trritten contract. . (d) The City of Ric}w4nd, its officers and employees shall be named as additional insured, and the policy shall stipulate that this insurance will operate as priiiary insurance, and no other insurance effected by Landlord will be called upon to contribute to a • Loss suffered 6y Tenant hereunder. Coverage veri.fi stion.i.n the forme of an insurance Coverage verification shall be.completed; signed by Tenant's insurance representative, and returned to landlord ten' Revised 3/5/87 page A-1 �) days prior to the effective: date of this lease. Any failure by Tenant to obtain or Latain the required insurance will be sufficient: cause f6v Landlord to terminate the ase and retain all the remaining Reservation Deposit. A-3 (b) NOTIFICATION�OF POTENTIAL C'tM. Tenant agrees to immediately notify, writing, City's-Auditorium Manager concerning any accident or occurrence that may ve rise to a claim against the City and/or Tenant. Such written notice must include e following information: (1) asme,, address and phone wAmber of person or persons Vely rn .wake a claim, and (l) full description of circ mstance;s pertaining to the cident or occurrence, and (3) names, addresses and phone numbers of all witnesses. A-4 F QD ANIS BrVIRAGSS. Tenant hereby agrees that no food or beverages shall served or sold on the Promises without the prior authorisation of City'* Auditorium .nsger which authorization shall be given only by said Manager oa page I. The iditorium Manager shall have the right to designate where food and beverages may he erved. City further. reserves the right to use its own concessionaire for functions the Main Auditorium.` A-5 LEOHOLIC SEVERACES. Tenant: hereby agrees that no alcoholic beverages shall e served or sold on the Premises without the prior authorization of City** .tditorium Manager which authorisation shall be given only by said Manager on page 1. tuant agrees to comply with all provisions of the Business and Professions Cade of he State of California and all regulations of the Alcoholic Beverage Control Board egarding the serving or sale of alcoholic beverages on the Premises, and is particular, ection 23399.1 of said Code which set forth the only circumstances under which a eemporary license is riot required. Note that if Tenant is selling alcoholic beverages a the Premises or the: Premises are open to the general public during the time alcoholic averages are served, consumed or otherwise disposed of, a temporary license is required; ad Tenant shall be responsible for contacting the Alcoholic Beverage Control Board to sbtain at Tenant*s expense the necessary license prior to the event unless Tenant is wing City's concessionaire exclusively to sell such beverages. A•6 SECURITY GUARDS. Tenant hereby agrees to provide at its own expense the umber of uniformed security guards indicated on page 1 during the event. The uniformed security guard service must be approved by the City's Auditorium Manager ,five (5) :aye prior to the event. A-7 I�DEHNNIFICATION. Tenant agrees to indemnify and save City, its agents, officers and employeas harmless from and against any and all active and passive liability, claims, suits, damages, penalties and/or causes of action arising during the term of this 'Bernal Agreement out of any personal Injury# bodily injury, loss of life or damage to property, violation of any federal, state or municipal law or ordinance or other crouse in cona+ection with the operation of Tenant, its employees, agents and patrons under this Rental Agreement of the Promises and from and against all costs, counsel fees, expenses incurred in obtaining expert testimony and the attendance Of witnesses, expenses and liability Incurred in and about any such claim, the inves- tigation thereof or the defense of any action or proceedings brought thereon and from and against any orders, judgements or decrees which may be entered therein, Tenant shall be responsible for Woyrketrs$ Cormpensation coverage on its independent contractors, operating personnel, and employees and shall hold the City harmless from.any such liability. Tenant hereby agrees to pay for all breakage or damage to property caused by Tenant grad all other persons, authorized, invited or claiming to be authorized or invited by Tenant to use or occupy the Premises. A4 SUSX"tSS LICENSE. 'tenant shall comply with Chapter Vii of the Municipal Code of the City of Richmond by obtaining any business license required by said Page A-2 eteer°and abiding by any tutus or regulationt applicable to Tenant's business as - forth therein, including Selection 7.04.130 of said Codewhich requires a license of one cent per paid admission for cexmtercitl eaterta taseat where an admission rSe or donation is required. ' A-9 RuLEs ANU REOZATIRNS. Tenant hereby agrees that it shall cox PIT With the loving reales and regulations and that, Tenant shall, be responsible for insuring that persons using the Premises, in preparation for the event, during the event, or to ars up after the event, shall comply with the following rules and regulations: (a) The previsions of Chapter 10.16 of the Municipal Code of the', City of Richmond, incorporated hereon by this reference, shall be adhered to by Tennant, its employees, patrons and agents. (b) Candles; torches,, kerosene lamps sod other flammable items sha11 not be used on the Premises except by City permit. (c) Tenant shall either remove or place in refuse cans or containers all decorations, paper plates, napkins, tableclothes, ,etc., immediately following the event to eliminate: the possibility of fire. (d) Nails, tacks, screw*, vires, hooks or pins shall not be used for fastening signs, decorations, or other items to any part: of the Premises. (e:) Scotch or similar tape shall not be used on the Premises, masking tape is permissible. (f) Nothing shall be attached to draperies, curtains, or light fixtures. (g) -Tenant *bell remove all equipment and personal property from the Premises immediately following the program to avoid loss ebr damage. Any equipment or other personal property delivered to or left on the Premises shall be at Tenant`# ova risk, and City shall have no responsibility for the security of said items. (h) Tenant ,shall leave the Premises in as clean a condition as whoa it received possession of the premises. All garbage and refute must be removed. Audttorium users shall be: responsible for emptying the debris . In all. garbage cans outside in the garbage: area designated by the City's Auditorium Manager. (i) ,., Continuous rentals extending over long period* of time are subject to change so that the Terrace Rooms are not monopolized and major Auditorium activities are not excluded. City will give Tenant sufficient advance notice of such changes and attempt to accommodate Tenant in another part of the building whenever possible. (1) All scenery, parsphe;rnalia, decorations, tablecloths, streamers, ate:., shall be or caused to be fireproofed by Tenant so nes to satisfy standards required. by law and the Fire Msrsball of the City: of Richmond. (k) Nen signs. rosters, billboard or displays shall be placed on the Preaists without: the prior approval of the Auditorium Manager and then only its spaces assigned. Arrangements may be made with the Auii.tor UM Manager to use the ateettrs;ic sign outside -to advertise on. event. (1) The event conducted by Tenant must conform with *11 the!* 14ws and ordinances, including but: not limited to those related to safety, accident prevention, safety equipment and practices of the city, state and federal governments. (m) Tensest shall not commit, or suffer to be committed, any waste or nuisance on the Premises. A-10 OPERATING PEtt.SRNNEL (a) City may furnish all operating personnel. Said personnel shall be: paid by Tenant. las addition# the operating personnel furnished by the City pursuant page A-•3 to this subparagraph shall be deemed to be employees of Tenant during the time they are engaged -in the performance of their respective duties an behalf of Tenant.` Furthermore, it shall be the Tenant's obligation to assume responsibility for all damage and liability of ashy kind or nature caused by or arising from any acts or omissions on the part of the operat- in$ personnel. 'Tenant hereby waives any recourse against the City for, or on account of, such damage or liability. (b) in the event that City dots not furnish all operating Personnel, Tenant shall be responsible for hiring said operatin=g personnel, at Tenant's own cost, .by making the necessary arrangements with the International Alliance of Theatrical Stage Employees (IATSE) Local 560 for stage hands, stage electricians, sound technicians, etc., and/or the American Federation of Musicians Local 424 for musicians. (c) Tennant may not substitute volunteers for operating personnel unless it obtains written permission to do so from City's Auditorium Manager. (d) The sums due the, operating personnel shall be paid prior to the end of each event, and prior to the removal by Lessee of any admission at box office receipts from the Premises. A-11 CONTROL OF BUxLIi�„ n4C: pIALATIQttS. By leasing the Premises to Tenant, City les not relinquish the right to oversee the management thereof, and Tenet speci- ically consents to allow+ City'# Auditorium Manager, or designee, to enforce all acessary and proper wiles for the naanagr=ent and operation of the building. Such ansent shall not relieve Tenant of its obligation to comply with, and require all ersons easing the Premises as Tenant's employees, agents or patrons to comply Vith, he provisions of this Agreement. City officers, their agents and their employees Ay in the course of their employment enter the Premises at any time and on any . cession. City reserves the right to its Auditorium Manager or designee to eject any erson or persons from the Premises or to susmari.ly cancel this Rental Agreement Ithout notice to Tenant if it is determined that the use to which the Premises hall be past by Tenant or any person thereon is or will be unproper, incendiary or angerous to 4e public health, safety or moral*, or will or is likely to endanger �r deteriorate the Premises or any part thereof by fire:, water or other means of any :nature. Upon the exercise of this authority by said Manager or designee or peace officers, Tenant thereby waives any right and all claim for damages against the City, .to officers, employees and &Santa. City shall be privileged to schedule other events ►oth before and after Tenant's event without notice to Tenant. A-12 NO DISdRD ATIQN. Tenant agneas that there shall be no segregation or liscrimination practiced on the Premises on account of race, color. sex, creed, vationa'l origin or ancestry. A-13 2iON-ASSZCNM Mr. Any privilege granted to Tenant under this Rental Agreemen t Cannot be assigned or otherwisetransferred in whole or in part without the prior mitten consent of the City's Auditorium Manager. A-14 PT" RMANCE QF TERMS. If Tenant consists of more than one person, respon- sibility and l.iabili:ty hereunder for the performance of all the terms and provisions sf this Rental Agreement shall be ,point and several as to such persons. A•15 TER 1XAT1ON QP REIiTAL ACRBEMENT BY AUt1I'T'OR M MAX GER • FW_EITQRE OF RESERVATION DEPOSIT. In addition to any other provisions for termination of this Rental Agreement contained herein, the Auditorium Manager may iumiediately cstnce:l this Rental Agreement for any of the following reasons: Page A-4 ' Xa)- Dishonor of AMY check, (b) Failure to pay the full balance due on the-rental on or before the date date, (c) pailure to provide the required Insurance Coverage YtrificAtion ten (10) days prior to event, (d) Failure to have security guard service approved by Auditorium Manager five (S) days prior to event, . (,r:) Failure to obtain business licensee prior to event, if reelutred, :red (f) Breach of any provision of this 'Rental Agreement or violation of any provision of Chapter 10.16 of the Richmond Municpal Code. .n the event of any doth termination, City shall retain the Rtservation Deposit, and, .f paid, the Balance Duet, and 'Tenant hereby expressly waives notice of su€h termination and releases City, its officers, and employees from all liability for any +damager- tesulting•directly or indirectly from such termination. -16 BIWl1DA5T3G,`FI„ 1?42tTG. VIDEtiTAFi2C,�A2D ItECtRt�INC gSrtTS. Tenastt shall have exclusive right to negotiate +arid enter into agreements' granting radio or television- broadcasting, filming, videotaping, or recording rights in connection with the staging of Tenant's event(s) provided that prior vritten consent is obtained from. City's Audi- torium Menx.ger. The City shell have free access to the records of the Tenant for the - purpose of computing the amount due hereunder or for such other purposes as City way detu advisable. A-17 USE OF COPYRIGIM MATERIAL. Tenant shall obtain full permission for the use of copyrighted material. Tenant agrees that all Copyrighted material to be per- formed has beer; duly licensed or authorised by the copyright owners. - Tenant further agrees to indemnify and hold the City harmless from any and all claims, losses or expenses incurred vith regard to the improper use of copyrighted material. page A-3