2006/06/13 City Council Resolution (11)RESOLUTION NO. 2006- 159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING AND APPROVING ANAGREEMENT BYAND BETWEEN
The Rohnert Park Animal Shelter and the Sonoma County Office of Education
for use of the Rohnert Park Community School Classrooms
during the annual summer program
BE IT RESOLVED by the City Council of the City of Rohnert Park that that certain
Agreement dated June 26, 2006, by and between the Rohnert Park Animal Shelter and the
Sonoma County Office of Education in substantially similar form to the attached agreement, be
and the same is hereby accepted and approved for use of Rohnert Park Community School
Classrooms from June 26, 2006 to August 11, 2006.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 13th day of June, 2006.
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QypHNERT
CITY OF ROHNERT_ PARK,
M mith
ATTEST:
City Clerk
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of this 26th day of June, 2006, by and
between the Rohnert Park Animal Shelter hereinafter referred to as "Licensee," and the Sonoma
County Office of Education, hereinafter referred to as "SCOE ";
WITNESSETH
WHEREAS, Licensee desires to conduct a summer program for children of the
community and desires to use classrooms, equipment, furniture and related facilities of the
SCOE for that purpose; and
WHEREAS, the SCOE is willing to provide the facilities for conducting such programs
Lander the terms and conditions of this Agreement;
NOW, THEREFORE, IT IS AGREED as follows:
1. Premises: The SCOE hereby authorizes Licensee to use the following facilities:
Rohnert Park Community School (hereinafter "Premises ") June 26 — 30, 2006, July 10 — 14,
2006, July 24 — 28, 2006 and August 7 — 11, 2006 between the hours of 8:00 a.m. and 1 :30
p.m.
2. Payment: Use of the Premises shall be at no charge, with the exception that
Licensee shall be responsible for "direct costs" for the use of the Premises. Direct costs shall
include, but not be limited to the following:
a. Normal building maintenance, including maintenance salaries, employee
benefits and maintenance supplies, as well as those maintenance charges paid to an outside
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contractor, to be provided at a level necessary to maintain the premises in a manner generally
accepted for schoolhouses occupied by students.
b. Security services at the level normally provided during the regular school
year.
C. All utilities at the level normally provided by the SCOE during the regular
school year.
3. Custodial services. Licensee shall provide all custodial services. Such custodial
services, at a minimum, shall be provided at the level of service the SCOE normally provides to
classrooms operated by the SCOE during the regular school year. This includes vacuuming
c- akVeteti m -eas, sweeping/mopping linoleum, cleaning bathroom and kitchen area and
emptying trash.
4. Indemnity: Licensee shall hold harmless, defend and indemnify the SCOE
from and against any liability, claim, action, cost, damage or loss for injury, including
death, to any person or damage to any property arising out of Licensee's activities under
this Agreement but not including those damages or loss arising out of the negligence of
SCOE. This obligation shall continue beyond the term of this Agreement as to any act or
omission which occurred during or under this Agreement.
5. Insurance: Licensee shall file with the SCOE a copy of a policy of liability and
property insurance, issued by a company duly and legally licensed to transact business in the
State of California, covering personal injuries, including wrongful death, and claims for property
damage that arise from Licensee's activities under this Agreement. Said insurance shall be in the
following amount: comprehensive general liability insurance in a combined single limit of not
less than $ 1,000,000.00 on account of any one occurrence.
The insurance policy shall be issued at the cost and expense of Licensee and maintained
by Licensee during the entire term of this Agreement. The insurance policy shall name the
SCOE, its officers, agents and employee as additional insureds and shall not be cancelled,
changed or allowed to lapse unless Licensee has first provided notice of the same to the SCOE at
least thirty (30) days in advance.
6. Assignment: Licensee shall not assign, mortgage, sublet or otherwise transfer any
of its rights under this Agreement to any other person without first obtaining the written consent
of the SCOE Superintendent.
7. Compliance: The premises may be used for classroom purposes and
IT°.1sonpbIv related lawful uses. Licensee agrees that it will at all times during its use and
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occupancy of the premises comply with all applicable ordinances, laws and regulations affecting
the use and occupation thereof by Licensee.
8. Alterations: Licensee agrees that during the term of this Agreement, the SCOE
shall not be called upon by Licensee to make any alterations, additions or improvements in and
upon the premises, and Licensee shall have no right to make alterations, additions or
improvements to the premises without the written consent of the SCOE.
9. Maintenance: The SCOE agrees that during the term of this Agreement, the
SCOE will not schedule maintenance or make any alterations, additions or improvements in and
upon the premises that would interfere with the classes, programs and events conducted by
Licensee.
10. Misuse of Premises: Licensee shall be responsible for and shall pay for any
repairs or replacements which are occasioned or made necessary by reason of the negligence or
misuse of the premises by Licensee or its officers, agents, employees and participants. The
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SCOE shall not be responsible to Licensee for any damage or injury to persons or property which
may occur as a result of the failure of Licensee to make repairs.
11. Right of Entry: The SCOE, its officers, agents and employees shall have the right
to enter the premises at all reasonable times to inspect the physical condition of the premises and
to protect any and all rights of the SCOE.
12. Condition of Premises: Upon the expiration of the term of this Agreement and
any extensions thereof, or upon the sooner termination thereof, Licensee shall leave the premises
in as good order and condition as the premises were at the beginning of the term of this
Agreement, ordinary wear and tear and damage by the elements, fire, earthquake, flood or public
calr mity excepted.
13. (Licensee) Employees: All persons employed by Licensee in the performance of
services for Licensee under its program shall be Licensee employees, and no person so employed
shall have any status or right with regard to the SCOE.
14, Amendment: This Agreement may be modified only by written instrument
bearing the signature of the authorized representatives of both parties.
15. Termination: Either party may terminate this Agreement upon thirty (30) days
prior written notice to the other party setting forth the date of termination.
16. Notice: All notices required to be given under this Agreement shall be written
and shall be served either by personal delivery or by first class mail, postage prepaid, and
addressed as follows:
Sonoma County Office of Education City of Rohnert Park
Alternative Education Programs Animal Shelter
5340 Skylane Blvd. 3011 Rogers Lane
Santa Rosa, CA 95403 Rohnert Park, CA 94928
(SCOE) (Licensee)
rd
17. Possessory. Interest: Licensee expressly recognizes and understands that this
Agreement may create a possessory interest subject to property taxation and that Licensee may
be subject to the payment of property taxes levied on such interest.
18. Term: This Agreement shall commence on the date first above written and shall
terminate on August 11, 2006,
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
SCHOOL SCOE
LIM
"SCOE"
(LICENSEE) city of Rohnert Park
By:
"Licensee" City Manager,
Stephen R. Donley
Per Reso. No. 2006 -159 adopted by
the City Council on 6/13/06.
ATTEST:
City Clerk
Approved as to form:
City k