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HomeMy WebLinkAboutCS Goldenaires Senior Citizens OrganizationC,ry C'1rr�.. Department: Community Services Prepared by: Carlene McCart, Director Agenda Item No: 3. d Meeting Date: April 2, 2013 Manager Approval: SUBJECT: Agreement between The City of San Rafael and the San Rafael Goldenaires Senior Citizens Organization. RECOMMENDATION: Approve and Authorize the City Manager to execute the Agreement between the City of San Rafael and the San Rafael Goldenaires Senior Citizens Organization. BACKGROUND: The San Rafael Goldenaires is anon- profit 501(C) 3 organization dedicated to serving adults age 62 and older with social, recreational, educational and enrichment activities. Goldenaires is open to residents and non residents alike. The annual fee of $25 allows members to partake in a variety of classes, special interest groups, social events, and trips to local, domestic and international destinations, informational workshops, fitness programs and assistance services. The Goldenaires have been in operation since 1975 at the San Rafael Community Center, in partnership with the City of San Rafael. The City received the benefit of a full service senior program and shared the cost of one Senior Recreation Supervisor to work with the Board of Directors to plan, organize and direct all activities. The Organization serves 1800 older adults. The Goldenaires also partner with the Marin County Health and Human Services Division of Aging and Older Adult Services, Whistlestop Senior Services, Alzheimer's Association, AARP, Senior Access, and Senior Advocacy Services. The Goldenaires operate Monday through Thursday, 9 a.m. to 4 p.m., Fridays 9 a.m. to 3 p.m. and offer dances, banquets, trips and special events on selected weekends. On going weekly programs include bridge, mahjong, bingo, poker, water color painting, acrylic painting, wood carving, sewing and textile crafts, crafts, cooking, writing, computers, Author's Round Table, non- impact chair aerobics, low impact aerobics, strength training and stretch, bocce league play, access to the lending library, and socializing. Assistance services provided seasonally include tax preparation, flu shot clinics, legal assistance, health screenings, investment planning, safe driving, congregate luncheons, hypertension, stroke, diabetes, Alzheimer's disease, elder abuse workshops. The Goldenaires sponsor events such as dinner dances, holiday luncheons. Monday Night Bingo, Holiday Craft Faire, Breakfast with Santa, afternoon movies and tea dances. The Organization sponsors day trips to Bay Area museums, theater, casinos, musicals, concerts, wineries, and events such as the Gilroy Garlic Festival, the Santa Rosa Fair, and San Francisco points of interest. Travel tours and cruises around the FOR CITY CLERK ONLY FileNo.:— Council Meeting: Disposition: Al, SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 world are offered to destinations like New England, Washington DC New Orleans, Alaska, Southwest National Parks, Hawaii, Paris, Brussels, Amsterdam, the Greek Isles, Italy, Russia, Japan, and China. The Goldenaires sponsor a number of fundraising events, raffles, and membership drives to support low or no fees for the programs the organization sponsors. The organization produces a large and balanced program of activities and services utilizing one dedicated paid position and many member volunteers. The elected Board of Directors determines the program offerings, marketing, outreach, fundraising, manages the finances, and conducts all business on behalf of the organization. Officers are nominated by the general membership and spirited election campaigns are indicative of the level of interest shown for the leadership of the group. ANALYSIS: The recommended Agreement differs from the versions that date back to 1975 in one significant way. The Goldenaires paid 50% of the Community Services Senior Recreation Supervisor compensation for staff services to the Organization. The position also had additional department program responsibilities outside the Goldenaires. A combination of the economy, the diminishing financial capacity of the Organization, and the increased cost of the staff position, made this goal unattainable in the last years. The opportunity to resolve the issue presented itself with the retirement of the Senior Recreation Supervisor in January of this year. The Goldenaires offered to contract with the former employee to maintain the program. The benefit to the City is the ongoing, broad based offerings of activities for older adults, at no staff cost. FISCAL IMPACT: The Agreement calls for the Goldenaires to pay the City $250 per month for rental of office space in the San Rafael Community Center. The Organization pays regular non-profit rental rates for use of the Community Center outside the hours prescribed in the Agreement. It also pays for all the materials and supplies utilized in the programs and activities it provides. The Goldenaires hire, supervise and pay an independent contractor to serve as Program Director, and other contractors to conduct activities. The Organization collects and manages all fees and revenues associated with Goldenaires operations. The estimated total value of service provided by the Goldenaires is $265,000 annually. The Agreement calls for the City to provide use of the San Rafael Community Center, Monday through Friday 9 a.m.-3 p.m. at no charge. The City also provides use of facilities at the Albert J. Boro Community and the Terra Linda Community Centers for senior adult activities at times and dates mutually acceptable. Utilities and limited City network access are included in the City's commitment. The estimate total value of City contribution of facility use and service for the Goldenaires Organization is $70,000 annually. The value of the public programming far outweighs the investment by the City. The Goldenaires pay for the operation of the program, all personnel services, and support their activities through volunteer service at a scope that the City could not replicate. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 OPTIONS: 1. Approve and Authorize the City Manager to execute the Agreement between the City of San Rafael and the San Rafael Goldenaires Senior Citizens Organization 2. Direct staff to amend the Agreement 3. Reject the Agreement ACTION REQUIRED: Approve and Authorize the City Manager to execute the Agreement between the City of San Rafael and the San Rafael Goldenaires Senior Citizens Organization. Encls. Resolution Agreement between the City Of San Rafael and the San Rafael Goldenaires Senior Citizens Organization RESOLUTION NO. 13521 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL GOLDENAIRES SENIOR CITIZENSCITIZENS ORGANIZATION RECITALS WHEREAS the GoIdenaires Senior Citizen Organization (GOLDENAIRES) is a self-governing, non-profit organization with elected officers and members; and WHEREAS, the City Council of the City of San Rafael (CITY) and GOLDENAIRES are mutually desirous of providing recreational programs and services for the public age 62 and older of San Rafael; and WHEREAS, CITY and GOLDENAIRES have cooperated in the use of the San Rafael Community Center in exchange for program services, space rental and shared personnel costs since 1975; and WHEREAS, GOLDENAIRES propose to contract for all personnel services directly rather than through CITY; and to continue to provide public programs for Senior Adults at the San Rafael Community Center; and WHEREAS, CITY wishes to extend free use of the San Rafael Community Center facilities for such programs on weekdays, and rental space for GOLDENAIRES administrative offices; and WHEREAS, CITY will make available facilities on evenings, weekends and holidays for GOLDENAIRES activities, at the Center's non-profit organization rental rate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES approve and Authorize the City Manager to execute the Agreement between the City of San Rafael and the San Rafael Goldenaires Senior Citizens Organization attached hereto as Exhibit "A" and incorporated herein by reference 1, Esther C. Beime, 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 the City of San Rafael, held on Tuesday, the 2d of April, 2013, by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beime, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN [ 7jaTi1i-M eli7 a 11DR, ►1t"1 11101 THIS AGREEMENT is made and entered into this ne- day of AfP 6 L__, 2013 by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY," and the SAN RAFAEL GOLDENAIRES SENIOR CITIZENS ORGANIZATION a 501(c)(3) Non -Profit Organization, hereinafter referred to as `°GOLDENAIRES". RECITALS WHEREAS, GOLDENAIRES is a self-governing, non-profit organization with elected officers and members; and WHEREAS, CITY and GOLDENAIRES are mutually desirous of providing recreational programs and services for the public age 62 and older (hereafter "Senior Adults") of San Rafael; and WHEREAS, CITY and GOLDENAIRES have been in cooperated in the use of the San Rafael Community Center ("CENTER") in exchange for program services, space rental and shared personnel costs since 1975; and WHEREAS, GOLDENAIRES propose to contract for all personnel services directly rather than through CITY; and to continue to provide public programs for Senior Adults at the CENTER; and WHEREAS, CITY wishes to extend free use of the CENTER facilities for such programs weekdays, and rental space for GOLDENAIRES administrative offices; and WHEREAS, CITY will make available facilities on evenings, weekends and holidays for GOLDENAIRES activities, at the CENTER's non-profit organization rental rate; NOW, THEREFORE, and in consideration of the mutual promises, covenants and conditions hereinafter contained, CITY and GOLDENAIRES hereby agree as follows: Section 1: The San Rafael Community Center. The CENTER is a CITY -owned facility located at 618 i Street, San Rafael, containing an auditorium,clubrooms lounge, garden,ti t restrooms and common areas as per i ` attached hereto and incorporated Section 2: Duties and Responsibilities of CITY. 2.1 CITY shall provide GOLDENAIRES available storage, auditorium, and kitchen and clubroom space at the CENTER for purposes of providing programs, services, activities and events for Senior Adults. GOLDENAIRES may request, and, by separate agreement, CITY may provide, auditorium, kitchen and classroom program space at the Terra Linda and Albert J. Boro Community Centers for specific programming by GOLDENAIRES in addition to that described in this AGREEMENT. 2.2 During the Term of this AGREEMENT, CITY shall provide the agreed upon CENTER facilities to GOLDENAIRES free of charge during the hours of 9:00 AM to 3:00 PM Mondays through Fridays. Scheduling of activities at the CENTER during these times shall be determined by mutual agreement between the Community Services Director or designee and the GOLDENAIRES Program Director. 2.3 CITY shall accept reservations of the CENTER by GOLDENAIRES for days and times not specified in Section 2.2 of this AGREEMENT. Reservations shall be made up to one year in advance and are subject to all policies and procedures for rentals at the CENTER's non-profit rental rate. Rental Rates are subject to change annually. 2.4 CITY has sole management responsibility and supervision of the CENTER and all programs conducted therein. 2.5 CITY shall be responsible for providing all equipment, furnishings, materials, supplies and personnel necessary for the management and operation of the CENTER. GOLDENAIRES shall, at its sole cost, provide independent contractors, supplies, materials, equipment, and all consumable materials necessary for the conduct of GOLDENAIRES programs, services, activities and events. 2.6 CITY employees shall be on site during all GOLDENAIRES programs, activities, events, and office hours. 2.7 CITY shall provide utilities including telephone service to GOLDENAIRES, at no cost to GOLDENAIRES. 2.8 CITY will provide space and facilities at the CENTER and at the Albert J. Boro Community Center for GOLDENAIRES to assist in the operation of a meal site program through Good Earth Natural Foods at times to be approved by CITY. GOLDENAIRES will contract with Good Earth Natural Foods to offer this meal site program at the CENTER and the Albert J. Boro Community Center. Section 3. Duties and Responsibilities of GOLDENAIRES 3.1 GOLDENAIRES shall be solely responsible for the planning, organization and operation of programs, services, activities and events for Senior Adults at the CENTER. 3.2 GOLDENAIRES membership shall be open to all persons sixty (62)years of age and older, regardless of gender, creed, religion, race, residency and physical ability or national origin. 3.3 GOLDENAIRES shall offer a variety of opportunities for Senior Adults to participate in recreational, cultural, educational, social and community programs, services, activities and events. 3.4 GOLDENAIRES shall recruit, hire, train, supervise and fund one hundred percent (100%) of the services of a Program Director to plan, develop, promote and produce programs, services, activities and events. The Program Director shall be an independent contractor of the GOLDENAIRES. 3.5 GOLDENAIRES shall consult and coordinate with designated CITY staff regarding all matters concerning the organization and operation of the GOLDENAIRES program and services at the CENTER. 3.6 GOLDENAIRES is responsible for providing independent contractors or volunteers for the production of programs, services, and activities. All independant contractors assigned to the GOLDENAIRES programs at the CENTER or at the Terra Linda or Albert J. Boro Community Centers shall be independent contractors of the GOLDENAIRES and, as such, shall be under the sole direction, control, liability and responsibility of the GOLDENAIRES. 3.7 Equipment, furnishings and facilities purchased by GOLDENAIRES for use at the CENTER shall 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, with permission of the GOLDENAIRES 3.8 GOLDENAIRES shall furnish and maintain computers, hardware and software, and intemet service required for its activities and programs, independent of the CITY network system. Limited CITY intemet access, Quick Books software, other support will be provided for Program Director. 3.9 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. Section 4. Compensation. GOLDENAIRES agrees to pay CITY a Clubroom rental charge of $250 per month for a period of five (5) years, to be on the first of each month commencing April 2, 2013. It is understood and agreed that CITY will furnish utilities, custodial services and maintenance for GOLDENAIRES in Clubroom 1, at no charge to GOLDENAIRES. Section 5. Reports and Audits. GOLDENAIRES shall submit to CITY a copy of GOLDENAIRES' monthly financial statement regarding the operation of the organization. GOLDENAIRES shall conduct a full audit of its operations not less frequently than bi-annually, and upon completion of such audit GOLDENAIRES shall provide CITY with a copy of same. Section 6. Term. 6.1 The Term of this AGREEMENT shall be five (5) years, commencing on April 1, 2013 and ending on March 31, 2018. 6.2 GOLDENAIRES shall have an option to renew this AGREEMENT at the conclusion of the initial five (5) year term, for another five (5) year term, by giving the CITY written notice of exercise of the option at least sixty (60) days before expiration of the term. Section 7. Termination of AGREEMENT. 7.1 If, upon sixty (60) days written notice of deficiency in performance, the party so notified fails to correct the deficiency, the party giving notice may terminate this AGREEMENT. Deficiency in performance shall be defined as any of the following: a) Failure of a party to perform or comply with all of the material terms and conditions of this AGREEMENT. b) The financial insolvency of the GOLDENAIRES as evidenced by: 1) any filing for reorganization under the bankruptcy statutes or otherwise being named as a debtor in such proceeding, which is not set aside within thirty days of filing; or 2) any audit; or 3) the dissolution of the GOLDENAIRES. 7.2 It shall be understood and agreed that anytime the GOLDENAIRES dissolves as a whole, all funds and equipment accrued by the organization shall be donated free of charge to the CITY for Community Services Department use. Section 8. Indemnification. 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, employees, or volunteers. Section 9. Insurance. 9.1 During the term of this AGREEMENT, GOLDENAIRES shall maintain, at no expense to CITY, the following insurance policies: a) A commercial general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage. b) An automobile liability insurance policy, for owned, non -owned, and hired vehicles, in the minimum amount of one million ($1,000,000) dollars per occurrence. C) If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million $1,000,000) dollars to cover any claims arising out of the GOLDENAIRES' programs, services and activities under this AGREEMENT. 9.2 The insurance coverage required of the GOLDENAIRES in this section, shall also meet the following requirements: a) Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury. b) Except for professional liability insurance, the insurance policies shall provide in their text or shall be specifically endorsed to name the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies, and to provide that the insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution. C) GOLDENAIRES shall provide to City's Director of Community Services: (1) Certificates of Insurance evidencing the insurance coverage required herein, and (2) text from the insurance policies or the endorsements as specified in subsection 9.2(b). d) The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to CITY's Director of Community Services. e) If the insurance is written on a Claims Made Form, then, following termination of this AGREEMENT, said insurance coverage shall survive for a period of not less than five years. f) The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this AGREEMENT. g) The insurance shall be approved as to form and sufficiency by CITY's City Attorney. 9.3 If it employs any person, GOLDENAIRES shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both GOLDENAIRES and CITY against all liability for injuries to GOLDENAIRES' officers and employees. 9.4 Any deductibles or self-insured retentions in GOLDENAIRES' insurance policies must be declared to and approved by the CITY's City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or GOLDENAIRES shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. Section 10. Possessory Interest. GOLDENAIRES recognizes and understands that this AGREEMENT may create a possessory interest subject to property taxation and that GOLDENAIRES may be subject to the payment of property taxes levied on such interest. Section 11. Independent Contractor. It is understood and agreed that GOLDENAIRES, its employees, agents, and volunteers, in performance of the duties and obligations under this AGREEMENT, shall act as and shall be an independent contractor and not an agent or employee of the CITY. As such, GOLDENAIRES, its employees, agents and volunteers shall obtain no rights or benefits, which accrue to CITY employees. GOLDENAIRES expressly waives any claims it, its employees, agents or volunteers may have to any such rights or benefits. Section 12. Assignment; No Third Party Beneficiaries. 12.1 GOLDENAIRES shall not assign or transfer any interest in this AGREEMENT, nor its duties and obligations under this AGREEMENT, without the prior written consent of CITY, and any attempt by GOLDENAIRES to so assign this AGREEMENT, or any rights, duties, or obligations arising hereunder, shall be void and of no effect. 12.2 Neither party shall assign or transfer its rights to enforce any part of this AGREEMENT. The obligation of CITY and the obligations of the GOLDENAIRES stated in this AGREEMENT are not intended to, and do not, create any rights to any other person or entity which such person or entity would not otherwise have in the absence of this AGREEMENT. Section 13. Compliance With All Laws; Non-discrimination. GOLDENAIRES shall comply with all applicable laws, ordinances, codes, and regulations of the State, Federal and local governments. GOLDENAIRES shall not discriminate, in any way against any person on the basis of age, sex, race, color, creed, or national origin in connection with or related to the performance of this AGREEMENT. Section 14. Authority. 14.1 Each party represents that it has duly approved the signing of this AGREEMENT and has duly authorized the person named below to sign this AGREEMENT on its behalf in accordance with applicable law. Each such named person personally warrants that he/she has such approval and authority. 14.2 Minor variations in the provision of services pursuant to this AGREEMENT may be made with written concurrence by CITY's Community Services Director and GOLDENAIRES. With this exception, this AGREEMENT may only be modified by a written amendment executed by the parties to this AGREEMENT. Section 15. Waiver. GOLDENAIRES understands and agrees that waiver by the CITY of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by the CITY of the performance of any duty or obligation by GOLDENAIRES shall not be deemed to be a waiver of any term or condition of this AGREEMENT. Section 16. Notices. All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid addressed to the responsive parties as follows: To CITY: CITY of San Rafael Attn: Director, Community Services P.O Box 151560 San Rafael, California 94915-1560 To GOLDENAIRES: San Rafael GOLDENAIRES 618 B Street San Rafael, California 94901 Notice shall be deemed effective on the date personally delivered or, if mailed, upon deposit in the mail. Section 17. Whole Agreement. This AGREEMENT represents the entire understanding of the parties as to those matters contained herein. No prior oral or written representation or understanding shall be of any force or effect with respect to those matters covered hereunder. Section 18. Attorney's Fees. In the event litigation is initiated to enforce or interpret this AGREEMENT, the prevailing party shall be entitled to recover its attorney fees and costs, including witness and expert fees. IN WITNESS WHEREOF the parties hereto have executed this written AGREEMENT as of the day and year first above written. CITY OF SAN RAFAEL Nancy Mackle, CITY Manager ATTEST Esther Beime, CITY Clerk APPROVED AS TO FORM: -4, Rob Epstein, CITY Attorney (V--'-1-- Directions to the San Rafael Community Center 618 B Street San Rafael, CA 94901 (415) 485-3333 From North to South: From Highway 101 South, exit Central San Rafael turnoff. Proceed down to Third Street, turn right on Third Street. Go down 7 blocks to "B" Street, turn left on "B" Street. Go down one and a half block's and the San Rafael Community Center is located on your left hand side next to Safeway. From South to North: From Highway 101 North, Exit Central San Rafael turnoff (staying in the far left lane). Proceed down to Third Street, turn left onto Third Street. Go down 7 blocks to `B" Street, turn left on `B" Street. Go down one and a half block's and the San Rafael Community Center is located on your left hand side next to Safeway patio stage dressing San Rafael Community Center Floor Plan SCHEMATIC E n multi-purpose hall seniors reception/offices club room no.1 club room no.3 , club room no.4 I: restrooms main entrance lounge '{ storage/ �r kitchen patio dub room 1; no.5 .41 0 H U2 U] W Q Ia I. CITY OF SAN RAFAEL INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA/ SRCC AGENDA ITEM NO. 3-d DATE OF MEETING: April 1, 2013 FROM: Carlene McCart DEPARTMENT: Community Services DATE: March 18, 2013 TITLE OF DOCUMENT: AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL GOLDENAIRES SENIOR CITIZENS ORGANIZATION D6_0art rent Head {signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM: F—.171 AGEN' M: City MandderNsignalure) City Attorney (signature)4' 10 AaS71091NA PROFESSIONAL SERVICES AGF COMPLETION CHECKLIST A Below is the process for getting your professional sE executed. Please attach this "Completion Checklis contract as you circulate it for review and signatures services agreements/contracts (not just those requiring c_i y 1—ouiwn app,vvu,,. This process should occur in the order presented below. and Step Responsible Description Completion Department Date 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed originals from contractor. 3 Contracting Department Agendize contractor -signed agreement for Council approval, if Council approval necessary (as defined by City Attorney/City Ordinance*). 4 City Attorney Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager ! Mayor /or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original agreement and forwards copies to the contracting department. To be completed by Contracting Department: Project Manager: Project Name: Agendized for City Council Meeting of (if necessary): If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis. al