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CITY OF RANCHO SANTA MAR GAR IT A CITY COUNCIL STAFF REPORT

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DATE: TO: FROM: BY: ·SUBJECT: December 13, 2017

CITY OF RANCHO SANTA MAR GAR IT A

CITY COUNCIL

STAFF REPORT

City Council of the City of Rancho Santa Margarita Jennifer M. Cervantez, City Manager

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J Wendi Redington, Community Services Supervisor

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Approval of Facility Use Revocable License Agreement with the RSM Chamber of Commerce

Recommendation

Approve a non-exclusive Facility Use Revocable License Agreement with the RSM Chamber of Commerce and authorize the City Manager to execute the agreement. Background and Discussion

A group of former RSM Chamber of Commerce members have been working over the past few months to create a new Chamber of Commerce to support local businesses. The purpose of this organization is to bolster and support economic vitality in the City of Rancho Santa Margarita. Last month, the RSM Chamber of Commerce submitted a Request for Funding Application. The application included a request for the City to provide in-kind assistance by way of an office space and meeting rooms at the Bell Tower Regional Community Center ("Community Center"), The City Council considered the request on November ath and directed staff to bring back an agreement for approval. ln. consideration for the non-exclusive revocable use and occupancy of office space at the Community Center, the RSM Chamber of Commerce proposes to promote and enhance the business community of RSM by assisting members through connecting and growing a vibrant local economy.

Staff, recommends the City enter into the attached proposed agreement, which permits the RSM Chamber to use portions of the Community Center on a non-exclusive revocable basis. Under the terms of the proposed agreement, the RSM Chamber and City agree to the following:

• RSM Chamber of Commerce may use one office space including one desk and one chair;

• The City will provide phone and internet access through use of Wi-Fi; and RSM Chamber of Commerce will reimburse the City for related costs associated with phone and internet usage;

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• The City may provide an access code for use of a City copier; provided, however the City shall invoice the RSM Chamber of Commerce for the cost of copying, which shall be charged according to the City's then-current fee schedule;

• The City will be responsible for ordinary utility costs and the costs associated with regular maintenance and repairs at the Community Center;

• Community Center space, if available, for RSM Chamber of Commerce forums, and general meetings will be provided at no cost to RSM Chamber of Commerce; • The RSM Chamber of Commerce may use the Community Center rooms for

RSM Chamber related activities or events, subject to availability and adequate notice, and subject to normal Bell Tower policies. Otherwise, RSM Chamber of Commerce use of the Community Center will require the payment of fees and/or staffing costs, unless a request for a fee waiver for each such use is approved. Alternatives

None.

Fiscal Impact

There is no fiscal impact associated with the approval of the Facility Use Revocable Agreement.

Attachments

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FACILITY USE REVOCABLE LICENSE AGREEMENT

RSM Chamber of Commerce Bell Tower Regional Community Center

This non-exclusive Facility Use Revocable License Agreement ("Agreement") is made, entered into, and effective this 13th day of December, 2017, by and between the CITY OF RANCHO SANTA MARGARITA, a California municipal corporation organized and existing under the laws of the State of California ("City"), and the RSM CHAMBER OF COMMERCE, a California nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law ("Chamber"). For purposes of this Agreement, City is the. Licensor and Chamber is the Licensee. City and Chamber are collectively referred to herein as "Parties" or individually as a "Party."

RECITALS

A. The RSM Chamber of Commerce is a nonprofit mutual benefit corporation organized for the purposes of promoting the development of business and trade for its members in the City of Rancho Santa Margarita and surrounding area and creating a forum for local business leaders to meet, discuss and share opinions and viewpoints on specific topics of interest that will help stimulate business growth and economic development in the City of Rancho Margarita. The Chamber has submitted its application for recognition of exemption under Section 50l(a) of the Internal Revenue Code of 1986, as amended, and expects to qualify as a chamber of commerce exempt under Section 501 (c)( 6) of the Internal Revenue Code.

B. The City owns, operates and maintains the Bell Tower Regional Community Center located at 22232 El Paseo in the City of Rancho Santa Margarita, California ("Bell Tower Facility").

C. In or about October 2017, the Chamber submitted to the City a City Request for Funding Application for Community-Based Organizations ("Request") seeking in-kind support, including a request that the City provide an office space at the Bell Tower Facility. A copy of the Request is attached hereto as Exhibit A.

D. In consideration for the non-exclusive revocable use and occupancy of the designated portion of the Bell Tower Facility, the Chamber will provide social and community activities to the residents and business members of Rancho Santa Margarita and surrounding communities substantially consistent with the description of the Chamber attached hereto as part of Exhibit A.

E. City desires that the services and activities provided by the Chamber be provided to residents and business members of the City and surrounding communities, and City hereby finds that the Chamber's limited use of the designated portion of the Bell Tower Facility for such purposes and for an office use, as described herein, will directly benefit the residents and business members of the City of Rancho Santa Margarita. As such, the City Council hereby finds and determines that the approval of in-kind support for the use of office space at the Bell

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Tower Facility to the RSM Chamber of Commerce, as authorized herein, fulfills a public purpose and provides a direct public benefit to the residents of the City of Rancho Santa Margarita and surrounding community.

F. Chamber desires to use a designated portion of the Bell Tower Facility on a non-exclusive revocable basis to provide Chamber services pursuant to the terms and conditions. of this Agreement and subject to all rules and restrictions relating to the use of the Bell Tower Facility.

NOW, THEREFORE, in consideration of the mutual covenants, promises, and conditions set forth herein, the Parties hereto agree as follow:

AGREEMENT

Section 1. Revocable License. Subject to the terms, promises, conditions, and duties of this Agreement, City hereby grants a revocable non-exclusive license to Chamber to use and occupy the designated portions of the Bell Tower Facility as identified in Exhibit B, attached hereto and incorporated by reference herein. In the event of any inconsistency between this Agreement and Exhibit A regarding the terms and conditions of the limited use and occupancy of the Bell Tower Facility, this Agreement shall control.

Section 2. Term of Agreement. This Agreement is effective on the date first written above, and shall continue month-to-month thereafter, until terminated.

Section 3. Termination and Breach. Notwithstanding any other provision of this Agreement to the contrary, this Agreement may be terminated by either party with thirty (30) days' prior written noticy, unless termination is due to the breach of Chamber. In the event of breach by the Chamber, the City shall provide written notice of such breach to the Chamber and the Chamber shall then have 10 days to cure such breach. If the breach is not cured within such 10 day period, then the City may terminate this Agreement without further notice. Nothing herein shall limit the City's right to terminate this Agreement, with or without cause, with 30 days' written notice. In the event City terminates this Agreement as provided herein, Chamber shall not be entitled to any costs, fees, expenses, or damages for moving or relocation, or any other expenses Chamber may incur as a result thereof.

Section 4. Facilities and Equipment. City shall provide Chamber, at the Bell Tower Facility, the following:

(a) Office space for the use of Chamber, as selected by City, with one desk, and an office chair at no cost to Chamber. The office space shall be for the exclusive use of the Chamber ("Chamber Space"). The space and room selected for the Chamber Space are subject to change by the City. The City shall provide the Chamber with 30-days' advance written notice of any change in the office space and room selected.

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(b) Activity space, if available, for pre-authorized events, programs, and meetings that are community and business related programs, as selected at the sole discretion of the City. The activity space(s) selected are subject to change by the City. The hours of operation and availability for authorized events or activities will be subject to availability and City approval. Chamber shall provide the City with the proposed schedule at least fourteen (14) days in advance of the scheduled event or activity. Chamber shall comply with the Bell Tower Facility Policies and Procedures, attached hereto as Exhibit C and incorporated by reference herein, as may be amended from time to time, including all policies concerning rental of the Facility. Except as otherwise provided herein, Chamber shall be responsible for payment of fees for use of the Facility, unless a request for a fee waiver for each proposed use is approved.

(c) Reserved.

(d) The City and the Chamber will provide staff support, as available, for the preparation of the rooms for authorized scheduled events or activities at the Bell Tower Facility. Other than as specified herein, it is expressly understood and agreed that Chamber shall not use City staff or City resources for any other purpose. Chamber shall be responsible for notifying the City of any setup needs related to its own classes and programs scheduled at least fourteen (14) days in advance of the scheduled event or activity. Setup diagrams must be provid~d to the City no later than one week in advance of any room usage. Regular use setup can be provided on a master setup sheet to the City. Chamber shall not admit to any Bell Tower Facility room a larger number of persons than the premises will accommodate or that can safely and freely move about in said areas, whether this number is less than the maximum allowed.

(e) City will assist with, but has no duty to provide, non-exclusive referrals of members of the community to the Chamber's community and business related services and activities.

(f) City shall be responsible for ordinary utility costs and costs for the regular maintenance and repairs at the Bell Tower Facility, including the equipment, facilities, premises and property thereon, except for any damage caused or contributed by Chamber or any guest or invitee of Chamber. Chamber agrees to pay whatever expenses are required to restore the Bell Tower Facility, or any property of such facility, or any part of the rented facility, to the same condition as prior to when Chamber utilized the facility, including, but not limited to, any needed surface cleaning, ordinary wear and tear excepted.

(g) City shall clean the Bell Tower Facility consistent with all cleaning procedures required by the Department of Health.

(h) In permitting the Bell Tower Facility premises and facilities to be used as described herein, the City does not relinquish custody or control thereof and does hereby specifically retain the right to enact, modify, or enforce any and all appropriate laws, rules, and regulations applicable to said premises. Representatives of City may enter any of the premises and facilities described herein at any time and on any occasion without notice or any other restrictions whatsoever.

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Section 5. following:

Use of the Facility. Chamber shall provide or shall be responsible for the

(a) All necessary office supplies including, but not limited to, computer, printer, copier, paper, pencils, pens, paperclips, and other office supplies.

(b) City will provide phone and internet access. Any requests for telephone or internet service shall be directed through the City, except as City may otherwise direct. Chamber shall reimburse City for related costs associated with phone and internet usage and will provide phone answering coverage for its line(s) during operating hours. Chamber will either supply an answering machine or answering service to monitor their calls after hours, and will not rely upon the City for after-hours answering.

(c) Chamber shall be solely responsible for all copying and supplies and shall not use City staff or resources other than as provided herein. City shall provide Chamber a copy code for use of a City copier. City shall invoice the Chamber from time to time for the costs associated with the Chamber's copying, to be charged according to the City's then-current fee schedule. Chamber shall pay such invoice within thirty (30) days.

(d) On a quarterly basis, Chamber shall provide to the City attendance reports for Chamber's services and programs held or conducted at the Bell Tower Facility.

(e) Chamber shall conform to and abide by all City ordinances and regulations, and all state and federal laws and regulations, insofar as the same or any of them are applicable to the operation of the Bell Tower Facility; and where permits and/or licenses are required for food and beverage and/or other operations hereunder and/or any construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction. Chamber shall comply, and shall ensure that its employees and invitees comply, with the Policies and Procedures attached hereto as Exhibit C as may be updated by the City from time to time.

(f) Chamber shall exercise every reasonable effort not to allow any of its invitees to be loud, boisterous, or disorderly or to loiter about the Bell Tower Facility. Chamber shall not knowingly permit any illegal activities to be conducted at the Bell Tower Facility.

(g) Chamber shall not post signs upon the exterior of the Bell Tower Facility or improvements thereon, unless prior written approval therefore is obtained from City.

(h) Chamber shall keep those portions of the Bell Tower Facility used pursuant to this Agreement free and clear of rubbish and litter and shall deposit rubbish and litter in containers as designated. Trash containers shall be kept in an approved enclosed area. No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, shall be permitted to remain within the Bell Tower Facility, and Chamber shall prevent any accumulation thereof from occurring.

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(i) Chamber's designated representative shall meet with the City at such times as may be required by the City to review Chamber's performance under this Agreement and to discuss any problems, disputes, or operational/administrative matters as determined by the City.

G)

Chamber shall not use or permit the use of the Bell Tower Facility in any manner which creates a nuisance or that causes a violation of the City's noise ordinance outside the Bell Tower Facility, or in violation of the Bell Tower Facilities' operating Policies and Procedures, including, without limitation, live, recorded, or broadcast entertainment or the use of loudspeakers or sound or light apparatus other than as may be required by law or necessary or advisable for safety purposes.

(k) This Agreement is by and between City and Chamber and is not intended and shall not be construed to create any relationship of agent, servant, employee, independent contractor or representative of City.

Section 6. Condition of Facility. Chamber has inspected the Bell Tower Facility and has accepted the facility in its present condition and in conditions as may exist from time to time. City makes no representations or warranties of fitness for the use contemplat"ed by Chamber. Chamber makes no demand on City for any improvements or alteration thereof. Chamber acknowledges and understands that Chamber's use of the Bell Tower Facility is non-exclusive and that the Bell Tower Facility may be accessed at any time by City licensees, invitees, employees, agents, or representatives. Further, Chamber is not permitted, and shall not make, any alterations, improvements, or repairs to the Bell Tower Facility without the prior written consent of City. The City shall not be responsible for any loss or damage to property of Chamber or of others located within the Bell Tower Facility. Accordingly, except to the extent arising out of the negligence or willful misconduct of City, Chamber agrees to assume all risks associated with entry, use, and presence in the Bell Tower Facility and releases City from any and all liability that might arise from the condition of the property.

Section 7. Permitted Use. Nothing herein, or any application of this Agreement, shall give Chamber the right to use the Bell Tower Facility, or any portion thereof, for any other purpose than as expressly set forth in this Agreement, and Chamber shall not have the right to lease, assign, or license the use of the Bell Tower Facility at any time.

Section 8. Public Safety. Chamber agrees that at all times it will conduct its activities in compliance with all public safety rules, and further agrees that Chamber, and each of its guests and invitees, will observe and abide by all applicable laws, regulations, and requests by duly authorized governmental agencies. If City determines that a proposed event poses a potential hazard to the public health, safety, or welfare, City reserves the right to deny, cancel, or terminate the event. All portions of the sidewalks, entries, doors, passages, vestibules, halls, corridors, stairways, passageways, and all ways of access to public utilities of the Bell Tower Facility shall be kept unobstructed by Chamber and its guests and invitees, and shall not be used for purposes other than ingress to or egress from the Bell Tower Facility. City shall have the right to refuse to allow any material, substances, equipment, or objects to be brought onto the Bell Tower Facility which may cause bodily injury or property damage, and the further right to require its immediate removal. Chamber and/or its guests or invitees may not install or.operate

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any equipment, fixture, or device nor operate or permit to be operated any engine, motor, or other machinery or use gas, electricity, or flammable substances in the Bell Tower Facility . except with the prior written approval of City. No equipment, device, or fixture may be used

which in the sole opinion of the City endangers the structural integrity of the facility.

Section 9. Waiver. Any waiver by City of any breach of any one or more of the covenants, conditions, terms, and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term, or agreement herein contained, nor shall failure to require exact, full, and complete compliance with any of the covenants, conditions, terms, or agreements herein contained be construed as in any manner changing the terms of this Agreement or stopping City from enforcing the full provisions thereof.

Section 10. Insurance. Chamber shall procure and maintain, at its own cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Chamber's use of the Bell Tower Facility. Chamber shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (3 0) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected and appointed officials, officers, employees, agents, and volunteers as additional insureds by original endorsement shall be delivered to and approved by City prior to use of the Bell Tower Facility. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Chamber's obligation to indemnify City, its elected and appointed officials, officers, agents, employees, and volunteers. ·

(a) The minimum amount of insurance required hereunder shall be as follows:

(i) Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) per occurrence, and two million dollars ($2,000,000.00) in the general aggregate; the commercial general liability policy shall name the City of Rancho Santa Margarita and the Indemnified Parties (defined below) as additional insureds in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language;

(ii) Automobile liability insurance with limits of at least one million dollars ($1 ,000,000.00) per occurrence;

(iii) Workers' Compensation insurance in the statutory amount as required by the State of California, and Employer's Liability Insurance with limits of at least one million dollars ($1 ,000,000.00) per accident for bodily injury or disease.

(b) For any claims related to this Agreement, Chamber's insurance coverage shall be primary insurance as respects City and its respective elected and appointed officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its

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respective elected and appointed officials, officers, employees, agents, and volunteers shall be in excess of Chamber's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected and appointed officials, officers, employees, agents, and volunteers.

(c) Insurance required herein shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Lines Insurers (LASLI), by the latest edition of A.M. Best's Key Rating Guide, except that the City will accept workers' compensation insurance from the State Compensation Fund.

(d) Chamber shall furnish City with both original certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before Chamber uses or occupies the Bell Tower Facility. City reserves the right to require Chamber's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Workers' Compensation policies.

(e) Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles . or self-insured retentions as respects the City, its elected and appointed officials, officers, employees, agents, and volunteers; or, Chamber shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

(f) All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City its directors, officials, officers, employees, agents, and volunteers.

Section 11. Indemnity. To the fullest extent permitted by law, Chamber shall defend (at Chamber's sole cost and expense), indemnify, protect, and hold harmless City, its elected and appointed officials, officers, directors, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Chamber's employees, volunteers and independent contractors included), for damage to property, including property owned by City, or from any violation of any federal, state, or local law or ordinance, which Claims arise out of or are related to Chamber's use or occupancy of the Bell Tower Facility as provided in this Agreement. Without limiting the foregoing, Chamber shall defend all alleged Claims, arising from or related to: (1) this Agreement or its existence, (2) the presence or operation at the Bell Tower Facility of the Chamber and/or its directors, officers, members, staff, employees, independent contractors, attorneys, invitees, guests, or agents, (3) the presence or use of

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equipment owned, leased, supplied by, or operated by the Chamber, and/or (4) the conduct of any event, activity, program or function of Chamber, except as may be caused by the sole active negligence or willful misconduct of City and/or the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Chamber's indemnification obligation or other liability hereunder. This indemnification shall extend to Claims alleged or arising after this Agreement is terminated.

Section 12. Construction of Agreement. This Agreement shall be interpreted in accordance and governed in all respects by the laws of the State of California. Titles and captions contained herein are inserted as a matter of convenience and for reference, and in no way define, limit, or extend or describe the scope of this Agreement or any provision hereof. No provision of this Agreement is to be interpreted for or against either party because that party or legal representative drafted such provision. Whenever the context of this Agreement requires the same, the singular shall include the plural and the masculine shall include the feminine and the neuter. The persons executing this Agreement on behalf of Chamber represents and warrants its/their authority to do so on behalf of Chamber, and that such authority has been duly and validly conferred by Chamber. Chamber further agrees, represents and declares that it has carefully read this Agreement and knows the significance of the contents thereof, and that the designated representative of Chamber signs the same freely and voluntarily, agreeing to each and all of the provisions and obligations described herein.

Section 13. Youth Services Requirements. Chamber shall require all persons directly providing services or instruction to minors at the Bell Tower Facility as a part of this Agreement to voluntarily submit to and pas~ a criminal background investigation by providing a complete set of fingerprints to City at least thirty (30) calendar days prior to providing any services related to this Agreement. Said criminal background investigation shall be conducted pursuant to City policy and practice. Chamber shall not permit any person identified by City as being ineligible to perform services from providing services related to this Agreement. Chamber shall not permit any person with a record of a conviction (or guilty plea) of a felony or a misdemeanor involving a violent or sexual crime, including those crimes set forth in Penal Code section 11105.3 to perform any services or work related to this Agreement. Chamber shall ensure that all persons undergoing a criminal background investigation under this section shall do so on an annual basis throughout the term of this Agreement.

Section 14: Notice. When notice is required to be provided under this Agreement, it shall be provided to the following persons at the following addresses:

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RSM Chamber of Commerce

Attention: RSM Chamber of Commerce President

22232 El Paseo

Rancho Santa Margarita, CA 92688 Telephone: (949) 667-3776

City of Rancho Santa Margarita Attention: City Manager

22112 El Paseo

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Rancho Santa Margarita, CA 92688 Telephone: (949) 635-1800

Section 15: Corporate Authority. The Parties to this Agreement hereby represent and warrant that each signatory below has been authorized to enter into this Agreement on behalf of the entity for whom they sign.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written.

Date: -APPROVED AS TO FORM: By: _____________ _ Date: Date: Gregory E. Simonian, City Attorney

-CITY OF RANCHO SANTA MARGARITA

By: ____________________________ _ Jennifer M. Cervantez City Manager ATTEST: By: ______________ _ Amy Diaz, City Clerk RSM CHAMBER OF COMMERCE By: ___________________ _ Barbara Thomas, President By: ________________ _ Bethan Parmenter, Secretary

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EXHIBIT "A'

REQUEST FOR IN-KIND SERVICES ASSISTANCE APPLICATION

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NAME OF ORGANIZATION:

CITY OF RANCHO SANTA MARGARITA

REQUEST FOR FUNDING APPLICATION COMMUNITY-BASED ORGANIZATIONS

FUNDING INFORMATION

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TELEPHONE: EMAIL ADDRESS AND/OR WEBSITE:

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AMOUNT REQUESTED:$ DATE FUNDING NEEDED:

DESCRIPTION OF PROJECT/EVENT (INCLUDE START DATE):

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ORGANIZATIONAL INFORMATION

NATURE OF ORGANIZATION:

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NUMBER OF PAID STAFF: NUMBER OF VOLUNTEERS:

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ANN.UAL BUDGET:$ Jee_~

(PLEASE INCLUDE A COPY OF YOUR MOST RECENT TREASURER'S REPORT OR FINANCIAL STATEMENT)

IS THIS ORGANIZATION INCORPORATED IN CALIFORNIA AS A NON-PROFIT ORGANIZATION?~ 'SO/ fd~J:J IF YES, DATE OF INCORPORATION AS ANON-PROFIT: ~

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RETURN TO: City of Rancho Santa Margarita Finance Department 22112 El Paseo, Rancho Santa Margarita, CA 92688

Phone: (949) 635-1800 Fax: (949) 635-1840

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PLEASE INDICATE HOW THE MONEY ALLOCATED WILL BE USED BY YOUR ORGANIZATION:

IF THE FUNDS WILL BE USED FOR A SPECIFIC EVENT, PROVIDE A DETAILED DESCRIPTI·ON OF THE EVENT.

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WE HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE AND COMPLETE TO THE BEST OF OUR KNOWLEDGE.

tgnature of At/A orized Agent/Officer: Title & Date

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RETURN TO: City of Rancho Santa Margarita Finance Department

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EXHIBIT "B"

Depiction of Office Space Approved for Use by the Chamber

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EXHIBIT

"C"

POLICIES AND PROCEDURES Bell Tower Regional Community Center

THE BELL TOWER REGIONAL CENTER (the "Facility") IS OWNED AND OPERATED BY THE CITY OF RANCHO SANTA MARGARITA. IT IS INTENDED PRIMARILY FOR SOCIAL, CULTURAL, EDUCATIONAL, PHILANTHROPIC OR RECREATIONAL PROGRAMS. INDIVIDUAL, COMMUNITY AND BUSINESS ORGANIZATIONS ARE PERMITTED AND ENCOURAGED TO USE THE FACILITY, WHICH IS AVAILABLE ON A RESERVATION BASIS.

a. For purposes of these Policies and Procedures, the term "City Designee" shall mean the City Community Services Supervisor.

b. Organizations and individuals conducting meetings, receptions, social gatherings, celebrations, charitable fund raising events, recreational and/or educational instruction may submit meeting requests up to (12) months in advance.

c. No permanent rental or assignment of any portion of the Facility shall be made to any individual or organization.

d. Religious groups desiring use of the Facility for the purpose of conducting regular services may be granted for emergency situations only (i.e., lost of facility) on a short term basis for three (3) months; extensions are subject to review by City's Designee, but in no event is the use to extend beyond twelve (12) months.

e. Any portion of the Facility defined as Senior Facilities· may not be used for sectarian. instruction or as a place for religious worship. (Senior Bond Act of 1984 Section 9597) f. Local organizations may schedule political forums open to all candidates upon approval

of written request. The Facility may not be used for political campaigning or for political fund raising.

g. No smoking is allowed in the Facility or within 20 feet of any entrance.

h. The Facility cannot be reserved/rented for the purpose of conducting any illegal gaming/gambling as defined by California Penal Code Section 330.

1. Parking is available to all users for the Facility. No reserved parking shall be permitted. Loading or unloading is permitted only in marked parking stalls. Vehicles are prohibited at all times on sidewalks and turf.

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J. The fees for the City Programs shall be approved by the City as part of the annual budget for the City Programs. Fees for other programs shall be established by the users providing the service. The YMCA shall provide the City with a list of all applicable fees, which shall be updated as necessary.

k. Use and rental of the Facility shall be subject to availability of space after

accommodating City sponsored programs. In the event multiple requests are made for use of the Facility at an overlapping time and location, priority shall be given to use/rental of Facility in the following descending order of priority:

1 : Annual City events confirmed 6 month in advance of event

2. City Programs and City sponsored activities (Senior, Youth programs) confirmed thirty (30) days in advance

3. Any use or rental that has already been reserved and confirmed in writing by the City.

4. YMCA activities

5. City residents and non profit 501(c)3 organizations 6. Non-City residents and other non profit organizations 7. Business and commercial organizations.

1. All users are required to complete a Facility Rental Agreement and comply with all terms of the Facility Rental Agreement.

m. Each user of the Facility will be responsible to ensure that all of its employees, contractors, service providers, caterers, assistants, volunteers, and invitees using the Facility are aware of and observe and obey all Policies and Procedures and all local, state and federal laws.

n. Meetings or activities conducted at the BTRCC may not be advertised or promoted as a City of Rancho Santa Margarita sponsored activities. All material used for advertising or announcing a meeting or activity shall be submitted to the City Designee at least ten (1 0) days prior to the use for approval.

o. No equipment, furnishings or other materials shall be brought into the Facilities that may damage the flooring, walls or structure of the Facilities, and the City reserves the right to refuse access for such equipment, furnishings or other materials. The user shall be responsible to reimburse the City for the cost to repair any damage to the Facilities arising during setup, use or cleanup after the use.

13

References

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