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HomeMy WebLinkAboutCC Resolution 10008 (Goldenaires Agreement)RESOLUTION NO. 10008 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with San Rafael Goldenaires Agreement (for period of four years, commencing Tanuary 1„ 1998 through December 31, 2001.) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, 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 said City held on Monday the second day of February, 1998 by the following vote, to wit: AYES: COUNCILMEMBERS: COHEN, HELLER, MILLER, PHILLIPS & MAYOR BORO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE r� JE LEONCENH, CITY CLERK R iGiiJp if ,a�°� CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO THIS second day of Februarv,1998, by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY", and the SAN RAFAEL GOLDENAIRES SENIOR uijz-hNS, a non-profit organization hereinafter referred to as "GOLDENAIRES". EECITALS. WHEREAS, CITY and GOLDENAIRES are mutually desirous of providing recreational programs and services for Senior Citizens of San Rafael. WITNESSETH FOR AND IN CONSIDERATION OF mutual promises, covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The parties hereto agree that this AGREEMENT shall commence January 1, 1998. 2. City shall provide the GOLDENAIRES office, storage, auditorium and classroom program space at the San Rafael Community Center, hereinafter referred to as "CENTER", for purposes of providing recreation programs and services for Senior Citizens. 3. CITY shall provide said facilities at least five days per week during the hours 9:00 AM to 4:00 PM, Mondays through Fridays. Scheduling of activity programs at the CENTER shall be determined by mutual agreement between the Recreation Director and the GOLDENAIRES Board of Directors. 4. CM shall exercise complete control, responsibility, and supervision of the CENTER and all programs conducted therein. All personnel assigned as staff to the GOLDENAIRES programs shall be employees of the CITY and, as such, shall be completely under the direction, control and responsibility of the CITY. 5. CITY shall be responsible for providing all necessary equipment, furnishings, materials, supplies and personnel necessary for the management and operation of the CENTER. 6. CITY may, at the request of the GOLDENAIRES Board of Directors, assist with the planning, organization, promotion and conduct of the GOLDENAIRES program and services. COPY 7. GOLDENAIRES undo .ne sponsorship of the CITY shall or_:ate as a self-governing adult club whose elected officers and members shall assume responsibility for the planning, organization, and operation of recreational programs and services for Senior Citizens. 8. GOLDENAIRES membership shall be open to all residents of the County of Marin, fifty-five years of age and older, regardless of sex, creed, race or national origin. * Existing members who move out of Marin County are still eligible to be active members by paying annual membership dues. 9. GOLDENAIRES shall offer a wide variety of opportunities for Senior Citizens to participate in recreational, cultural, educational, social and community services programs and projects. 10. GOLDENAIRES shall consult with and inform the CITY staff regarding all matters concerning the organization and operation of the GOLDENAIRES program and services at the CENTER. 11. GOLDENAIRES shall accept the sharing of all recreational equipment, furnishings and facilities with other individuals, groups and organizations utilizing the CENTER for recreational and other leisure time activities. 12. It shall be understood and agreed that any financial assistance provided by the GOLDENAIRES for furnishings, equipment and/or supplies, etc. at the CENTER, shall be available for use by all individuals and groups using the CENTER with the condition that the GOLDENAIRES be notified. 13. GOLDENAIRES shall abide by and follow all policies, procedures, rules and regulations set forth by the CITY for the administration and operation of the CENTER. 14. GOLDENAIRES shall submit to the CITY monthly financial reports regarding the monthly operation of their organization. 15. The GOLDENAIRES agree to pay CITY a monthly office rental charge of $250/month, for a period of four (4) years, commencing January 1, 1998, to be paid quarterly. It is understood that the CITY will furnish utilities, custodial service and maintenance for the GOLDENAIRES office (Clubroom #1). GOLDENAIRES shall have an option to renew this AGREEMENT at the conclusion of the initial four (4) year term, by giving the City written notice of exercise of the option at least 30 days before expiration of the term. 16. Goldenaires agree to pay 25% of the Senior Citizen budget to the City of San Rafael commencing January 1, 1998. Payment shall be made on a quarterly basis. 17. It shall be understood and agreed that anytime the GOLDENAIRES organization dissolves as a whole, all funds and equipment accrued by the organization shall be given to the City of San Rafael for Recreation Department usage. 18. CITY shall hold harmless, indemnify, including for attorney's fees and defend the GOLDENAIRES from any liability for personal injury or property damage arising out of any negligence or intentional acts or omissions by the CITY, its agents or employees. GOLDENAIRES shall hold harmless, indemnify, including attorney's fees and defend CITY from any liability for personal injury or property damage arising out of GOLDENAIRES' use of the premises, pursuant to this agreement and/or any negligence or intentional acts or omissions by the GOLDENAIRES, its agents or employees. 19. CITY and GOLDENAIRES agree to submit any claims arising under this AGREEMENT to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure or any successor statues. 20. Either party to this contract may terminate this AGREEMENT by giving the other party sixty (60) days' written notice. IN WITNESS WHEREOF the parties hereto have executed this written Agreement the day and year first above written. CITY OF SAN RAFA � //Al Boro,ayor S '• Jeanne M. oncim, City Clerk Apprgved ' Vim: / Gary Ragg anti, Ci /' Attorney SAN RAFAEL GOLDENAIRES SENIOR CITIZENS B %-� 20� Y Mario Perrando, President Date Submitted ?idAr, 11,fe