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Home My WebLink AboutCC Resolution 6341 (Canal Community Alliance MOU for Pickleweed Center)RESOLUTION NO. 6341 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 CANAL COMMUNITY ALLIANCE REGARDING MEMORANDUM OF UNDERSTANDING FOR USAGE OF PICKLEWEED PARK COMMUNITY CENTER 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 21st day of June 1982, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JQ�ANNE M. LEONCINI , CITY CLERK ;MORANDUM OF UNDERSTANDIN This Agreement, made this �/ Q -f- day of 1982, by and between the City of San Rafael, hereinafter referred to as the "City", and the Canal Community Alliance, hereinafter referred to as "CCA". The purpose of this agreement is to establish CCA, a public benefit non-profit corporation, incorporated in the State of California on March 221 1982, as an authorized joint user with the City of the Pickleweed Park Community Center proposed to be built by the City. The City and CCA are mutually desirous -of providing social, cultural, recreational and educational activities that will benefit all residents of the City generally as well as the residents of the Canal area of the City specifically. The City'and CCA are further desirous that a community center, hereinafter referred to as the "Center", be con- structed and operated by the City on that City -owned real property commonly known as Pickleweed Park, located in the Canal area of the City. To that end, a joint application of the City and CCA was made on May 7, 1982 to the San Francisco Foundation for funding to assist in the construction of the Center. Upon the completion of the Center, both the City and CCA desire that each should conduct programs in the Center; the City's programs shall be made available to all residents of the City, including residents of the Canal area, and CCA's programs shall be made available primarily to the residents of the Canal area, which is hereby acknowledged by both parties to have needs that are not commonly found in the rest of the City and are not currently being met in a satisfactory manner. It is anticipated that the Center and CCA will contribute in an affirmative UCs�'Y manner toward meeting those special needs. It is further acknowledged that the existing community centers located in the City are currently being utilized by the residents of the City at or near such centers' capacities and the proposed Center will serve as an additional community facility for all residents of the City. For purposes of this Agreement the term "Canal area" means that area of the City bounded by Highways 101 and 17 to the south and west, San Pablo Bay to the east and the San Rafael Canal to the north. IN CONSIDERATION of the mutual promises and acknowledgements made herein, the parties hereto agree as follows: 1. The City shall provide, pursuant to established guidelines, CCA with facilities at the proposed Center for the purpose of providing space for CCA sponsored programs. The City shall provide the following facilities within the Center: the game room, the multi-purpose room and kitchen. In addition, the game room and club room located within the Center shall be dedicated priority use for CCA. The CCA office shall be dedicated exclusively to CCA. No charge/fee shall be assigned for use of the above rooms. . 2. CCA shall sponsor programs that benefit the residents of the Canal area. CCA sponsored programs shall give first priority to residents of the Canal area. In the event residents of the Canal area do not fill up a CCA sponsored program, residents of the City outside the Canal area shall be permitted to participate in such program(s). -2- 3. The City shall exercise, have and perform complete control, responsibility, maintenance and operation of the Center and City - sponsored programs conducted therein. CCA personnel assigned as staff with CCA sponsored programs shall follow the operational policies and procedures of the Center, as the same are set forth from time to time by the Center's Board. CCA personnel shall be responsible to and be supervised by the CCA Executive Director. 4. The City shall provide all necessary equipment, furnishings, materials, and personnel to maintain and operate the Center in a satisfactory manner. CCA shall provide its own staff, equipment and materials (excluding furnishings) in the operation of CCA sponsored programs. 5. Both the City and CCA shall provide the other a complete description of its proposed programs to operate within the Center. 6. A Pickleweed Park and Community Policy Board shall be created consisting of not more than three (3) or less than two (2) members of the CCA Board of Directors or designee(s) of such Board of Directors and not more than two (2) or less than one (1) members of the City's Park and Recreation Commission or desigpee'of such commission. Canal residents shall always constitute the majority in any Board formation. The Policy Board created by this paragraph shall recommend to the City's Park and Recreation Commission the following: - Recommend guidelines for CCA use of the Center's facilities, as described in paragraph 1 hereinabove. Facilities dedicated to CCA use shall be subject to regulation only as to time of use. -3- - Recommend c-.,arges for CCA use of space not specifically designated as CCA priority use. - Review and make recommendations to the City's Park and Recreation Commission regarding the programs and policies relating to the Center. - Develop and set criteria for a scholarship -subsidy mechanism to ensure accessibility to Center programs for those unable to pay full charges. 7. In the event of CCA's formal dissolution, any assets owned by CCA at the Center shall be treated according to State statute in reference to the dissolution of public benefit non-profit corporation. 8. CCA shall indemnify and hold harmless the City, its officers, agents, servants, and employees,.while acting within the scope of such agency and/or employment, against any and all liabilities, claims, demands, suits, actions, proceedings, loss, costs, and damages of every kind and description, including attorney's fees and/or litiga- tion expenses which may be brought or made against the City or incurred by the City on account of injuries or damages to persons or property which may occur on the Center premises, or arising out of Worker's Compensation claims, Unemployment Compensation claims or Unemployment Disability Compensation claims or employees of CCA or out of claims under similar such laws, except where such liability arises out of the negligent, reckless, or intentional acts of the City, its officers, agents, servants, and employees. 9. The City shall indemnify and hold harmless CCA, its officers, agents, servants, and employees, while acting within the scope of such agency and/or employment, against any and all liabilities, -4- claims, demands, suits, actions, proceedings, loss, costs, and damages of every kind and description including attorney's fees and/or litigation expenses which may be brought or made against CCA or incurred by CCA on account of injuries or damages to persons or property which may occur on the Center premises, or arising out of Worker's Compensation claims, Unemployment Compensation claims or Unemployment Disability Compensation claims of employees of the City or out of claims under similar such laws, except where such liability arises out of the negligent, reckless, or intentional acts of CCA, its officers, agents, servants and employees. 10. This Agreement may be modified only upon written agreement of the City and CCA. 11. This Agreement may be terminated by either party hereto only upon written notice of such termination being given to the non - terminating party and only when such written notice is given at least ninety (90) days prior to an annual anniversary date of the execution of this Agreement. Such termination shall be effective on the annual anniversary date subsequent to the giving of the written termination notice. 12. In the event any one or more provisions of this Agreement should be determined to be illegal or unenforceable, all other pro- visions nevertheless shall remain effective and in full force. 13. The parties hereto agree that this Agreement shall become effective on11 1983, or the date the Center is first occupied, whi ever occurs first. 5.12 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first mentioned above. APPROVED AS TO FORM: By —r -P - Edmund A. Duggan, Cit ttorney APPROVED AS TO CONTENT: . � f By Robert ---Pd' Beyer, -"-Ci y Manager WE CANAL COMMUNITY ALLIANCE, INC. By Gc Qic1 Nancy Kael,(/Boaed of Directors Chairperson APPROVED AS TO FORM: By Daniel Sturm, Attorney for Canal Community Alliance CITY OF SAN RAFAEL: By Lawrence E. Mulryan, Mayor ATTEST: Tga'nne M. Leoncini, City Clerk