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Home My WebLink AboutCC Resolution 7710 (Goldenaires)RESOLUTION NO. 7710 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 Memoraddum of Understanding (for period of 3 years, commencing January 1, 1988 through December 31, 1990) 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 FOURTH day of APRIL ,1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONCINI, City Clerk �E�Ic9i��t 7tea CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 4th__ day of ARril....... 1988, by and between the CITY OF SAN RAFAEL, hereinafter- referred to a "CITY", and the SAN RAFAEL GOLDENAIRES SENIOR CITIZENS, a non-profit organization hereinafter referred to as "GOLDENAIRES". RECITALS WHEREAS, CITY and GOLDENAIRES are mutually desirous of providing recreational programs and services for Senior Citizens of Sar. Rafael. WITNESSETH FOR AND IN CONSIDERATION OF mutual promises, covenents and conditions hereinafter contained, the parties hereto agree as follows: 1. City shall provide the GOLDENAIRES office, storage, classroom and auditorium program space at the Sari Rafael Community Center, hereinafter referred to a "CENTER", for Purposes of providing recreation programs and services for Senior Citizens. c. CITY shall provide said facilities at least five days per week during the hours 9:00 A. M. to 4:00 P.M., Mondays through Fridays. Scheduling of activity programs at the CENTER shall be determined by mutual agreement between the City Manager or his designated representative and the GOLDENAIRES board of Directors. 3. CITY shall exercise complete control, responsibility, and supervision of the CENTER and all programs conducted therein. All per,sc,rinel assigned as staff to the GOLDEN - AIRES program shall be employees of the CITY and, as such, shall be completely under the direction, control and responsibility of the CITY. 4. CITY shall be resp -_--risible for providing all rieccessary equipment, fUr-ni-hir1gs, materials, supplies and personnel necessary for the management and operation of the CENTER. 5. CITY rria;, at the request of the GOLDENAIRES Board of L i r t. L E •. , r tf'1Lf: ttie planning, 0r-Gdrj1citlC-?,1, pt•or" -tic'r and conduct of the GOLDENAIRES programs and services. 6. GOLDENAIRES under- sponsorship of the CITY shall operate 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. 7. 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. 8. GOLDENAIRES shall offer- a wide variety of opportunities for Senior Citizens to participate in recreational, cultural, educational, social and community services programs and projects. 9. GOLDENAIRES shall consult with and inform the CITY staff regarding all matters concerning the organization and operation of the GOLDENAIRES programs and services at the CENTER. 10. 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. 11. It shall be understood and agreed that any financial assistance provided by the GOLDENAIRES for furnishing, 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. ic. 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. 13. GOLDENAIRES shall submit to the CITY monthly financial reports regarding the monthly operation of their organization. 14. It shall be understood and agreed that at anytime the GOLDENAIRES organization dissolves as a whole, all funds and E'C'APMEM 2CCt "ed by the crgonization small be giver, -2- to the City of San Rafael for Recreation Department usage. 15. Lessor shall held harmless, indemnify, including for attorney's fee=_ and defend the Lessee from any liability for personal injury or property damage arising out of any negligence or intentional acts or omissions by the Lessor, its agents or employees. Lessee shall hold harmless, indemnify, including attorney's fees and defend Lessor from any liability for personal injury or property damage arising out of Lessee's use of the premises, pursuant to this agreement and/or any negligence or intentional acts or omissions by the Lessee, its agents or employees. 16. Lessee and Lessor agree to submit any claims arising under this agreement to binding arbitration pursuant to the current previsions of the California Code of Civil Procedure or any successor statutes. 17. Either party to this contract may terminate this Memorandum of Understanding by giving the ether party sixty (66) day's written notice. 18. The parties hereto agree that this Memorandum of Under- standing shall commence upon January 1, 1988. 19. The GOLDENAIRES agree to pay a monthly rental charge of $250/month, for a period of three (G) years, commencing January 1, 1965, to be paid quacterly. It is understood that the City will furnish utilities, custodial service and maintenance for the GOLDENAIRES office (Clubroom #1). Option to renew said lease at the end of threr-- (7) yF - 3 - IN WITNESS WHEREOF the parties hereto have executed this written Memorandum of Understanding the day and year first above written. SAN RAFAEL GOLDENAIRES S OR CITIZENS d ATTEST: E+y_ % l_ }� El - Ross i Pres i derit J .n M. Leonci ii, City Clerk Date Submitted_Z II/ Lawrence E. Mu 1 ryan, Mayor Ap4trRath d as f ia ntt i, my: tvAttorney-- -4-