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HomeMy WebLinkAboutCC Resolution 12257 (Goldenaires Senior Citizens Club)RESOLUTION NO. 12257 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL GOLDENAIRES SENIOR CITIZENS CLUB (FIVE YEAR AGREEMENT FROM MARCH 5, 2007 TO MARCH 5, 2012) 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, the Agreement with the Goldenaires Senior Citizens Club, 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 21 st day of May, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro None None JE M. LEON�,City lerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL GOLDENAIRES SENIOR CITIZENS CLUB THIS AGREEMENT MADE AND ENTERED INTO THIS 5 day of March 2007 by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY" and the SAN RAFAEL GOLDENAIRES SENIOR CITIZENS CLUB a non-profit organization hereinafter referred to as "GOLDENAIRES". RECITALS WHEREAS, CITY and GOLDENAIRES are mutually desirous of providing recreational programs and services for the 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 March 5`h, 2007 2. CITY shall provide the GOLDENAIRES available storage, auditorium, and kitchen and classroom program space at the San Rafael Community Center, hereinafter referred to as "CENTER", for purposes of providing programs, services, activities and events for Senior Citizens. 3. CITY shall provide said facilities during the hours of 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 Community Services Director or designee. 4. Reservation of the CENTER by the GOLDENAIRES for days and times not specified in this agreement shall be made up to one year in advance and is subject to all policies and procedures for rentals at the non-profit rental rate. Rental Rates are subject to change annually. 5. City shall recruit, hire, train, and supervise the services of a Senior Recreation Supervisor to assist in the planning, development, promotion and production of Senior Citizen programs, services, activities and events. GOLDENAIRES will participate in the selection process. 6. CITY has sole management 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. 7. CITY shall be responsible for providing all equipment, furnishings, materials, supplies and personnel necessary for the management and operation of the CENTER. GOLDENAIRES shall provide supplies, materials, equipment, and all consumable materials necessary for the conduct of GOLDENAIRE programs, services, activities and events. 8. GOLDENAIRES, under the sponsorship of the CITY shall operate as a self- governing, non-profit organization with elected officers and members shall assume responsibility for the planning, organization and operation of programs, services, activities and events for Senior Citizens. 9. GOLDENAIRES membership is open to all persons fifty years of age and older, regardless of gender, creed, religion, race, residency and physical ability or national origin. 10. GOLDENAIRES shall offer a wide variety of opportunities for Senior Citizens to participate in recreational, cultural, educational, social and community programs, services, activities and events. 11. 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. 12. GOLDENAIRES are responsible for providing volunteers for the production of programs, services, and activities but may request CITY assistance for specific programs, services or activities. 13. Equipment, furnishings and facilities purchased by the GOLDENAIRES for the CENTER become permanent property of the CENTER and shall be shared with other individuals, groups and organizations utilizing the CENTER for recreational and other leisure time activities. 14. 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. 15. GOLDENAIRES shall submit to the CITY a copy of the monthly financial statement regarding the operation of the organization. Upon completion of a full audit GOLDENAIRES will provide CITY with a copy of same. 16. The GOLDENAIRES agree to pay CITY a monthly classroom rental charge of $250 for a period of five (5) years, commencing March 5`h , 2007 to be paid monthly. It is understood that the CITY will furnish utilities, custodial services and maintenance for the GOLDENAIRES classroom (Clubroom 1). GOLDENAIRES shall have an option to renew this AGREEMENT at the conclusion of the initial five (5) year term, by giving the CITY written notice of exercise of the option at least 30 days before expiration of the term. 17. GOLDENAIRES agree to pay 50% of the Senior Supervisor salary and benefits to the CITY. Payment shall be made on a monthly basis. 18. It shall be understood and agreed that anytime the GOLDENARIES dissolves as whole, all funds and equipment accrued by the organization shall be give to the CITY for Community Services Department use. 19. 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. 20. GOLDENAIRES will be responsible in providing General Liability Insurance coverage for its members and activities that are held at the San Rafael Communitv Center and off site including alcohol being served and/or sold and that the CITY is additionally insured. A copy of the Certificate of Insurance is to be submitted to the CITY annually. 21. CITY will provide space and facility available for GOLDENAIRES to assist in the operation of a meal site program through Catholic Charities. GOLDENAIRES will contract with Catholic Charities to offer this meal site program at the San Rafael Community Center. 22. 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 RAFAEL i 'a Ma�or V ATTEST anne M. Leoncim, City Clerk SAN RAFA`EL GOLDENAIRES Ay P,f esfdent Date —3