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HomeMy WebLinkAboutResolution No. 6483 (Dixie School Facility Use)RESOLUTION NO. 6483 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRAC'r, 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 DIXIE SCHOOL DISTRICT -Joint Powers Agreement re Usage of District Facilities for Community Recreation a copy of which is hereby attached and by this reference made a part hereof. I, JEP~NE 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 7th day of ______ ~F~e~b~r~u~a~r~y ________________ , 1983, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner ,I Frugoli, Jensen , Miski-men & Mayor Mulryan NOES: COUNCILHEMBERS: None ABSENT: COUNCILMEMBERS: None JOINT POWERS AGREEMENT THIS AGREEMENT, made and entered into this twelfth day of January, 1983, by and between DIXIE SCHOOL DISTRICT, of Marin County, hereinafter referred to as "DISTRICT", and the CITY OF SAN RAFAEL, a municipal corporation, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, Chapter 5, Division 7, Title 1 of the California ~overnment Code provides for the joint powers agreements between public bodies; and WHEREAS, it is the mutual interest of the parties hereto to have City take over the maintenance and control, for community recreation purposes, all multipurpose and gymnasium facilities within the District. NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties do hereby agree as follows: DISTRICT agrees to: 1. Allow City the right to use all gymnasium and multipurpose rooms within the District during periods of time in which facilities are not being used by the District. In return for scheduling these facilities for community use, which results in significant staff savings to the District, City sponsored classes and programs shall be exempt from utility charges. District will give City thirty (30) days' notice of any District scheduled activities. 2. District will allow City to charge a user fee to other organiza- tions in order to offset operation expenses. 3. District agrees to continue to provide major maintenance and upkeep of all facilities. ClTY agrees to: 1. Take full responsibility for the opening and closing of each facility. 2. Pay for utilities at the District·s utility cost factor, currently. 0014. a. I'lal-y Silveira 3,773 sq. ft. x .0014 = b. I,' ill e r C r e e k 7,100 sq. ft . x .0014 = c. Santa !'largari ta 2,941 sq. ft. x .0014 = (Note: Does not include faculty room at Santa Margarita, which ; s not available as a rental. ) d. Vallecito 5,561 sq. ft. x .0014 (gym) = 2,277 sq. ft. x .0014 (music room)= S5.28/hr S9.94/hr S4.12/hr S7.79/hr S3.l9/hr 3. Be responsible for all equipment and furnishings in said facili- ties during the hours of use by the City or by use of users authorized by the City. 4. Clean and keep facility in same condition as it was prior to City I s use. 5. Process all applications submitted by users and maintain a master calendar of use for each facility. 6. Make available to the District, upon (1) weekls notice, any facility needed for special meetings. IT IS FURTHER AGREED: 1. That Parks and Recreation Department of said City, hereby holds the District, its officers, agents, servants and employees while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of the City under the provisions of this Agreement. 2. That the District hereby holds the City, its officers, agents, servants and employees, while acting as such, free and harmless from any liability from any obligations arising by virtue of law, because of injury to property or injury or death of persons received or suffered by reason of any actions of the District under the provisions of this Agreement. 3. This Agreement may be amended or terminated by the mutual consent of the parties hereto and may be cancelled by either party upon sixty (60) daysl notice. 4. This Agreement shall be subject to joint review annually. (Note: Agreement can be reviewed prior to end of fiscal year, calendar year, or as both parties deem appropriate.). IN WITNESS WHEREOF, the parties have executed this JOINT POWERS AGREEMENT the day and year as set forth above. DIXIE SCHOOL DISTRICT By ;&~ndent CITY OF SAN RAFA L APPROVED AS TO FORM: w '--'\\. O----J--- Stewart R. Andrew, City Attorney ATTEST: By ~r'-!h'~ Je~ eonClnl, City Clerk