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Res 1493 - Agrmt Salem Sen Cent '.....10,....., COUNCIL BILL NO. 1902 RESOLUTION NO. 1493 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF SALEM FOR THE USE OF THE SALEM SENIOR CENTER BY THE RETIRED SENIOR VOLUNTEER PROGRAM. WHEREAS, the City of Salem operates the Salem Senior Center; and WHEREAS, the City of Woodburn administers the Retired Senior Volunteer Program (RSVP) through the Federal Action Program; and WHEREAS, the City of Salem has agreed to the use of the Salem Senior Center for RSVP activities, pursuant to the terms of a written agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the City of Salem for the use of the Salem Senior Center for RSVP program activities, a copy of said agreement is attached hereto and, by this reference, incorporated herein. Section 2. That the Mayor and RSVP Coordinator are authorized to sign said agreement on behalf of the City of Woodburn. Approved as to formrn.~ ~ G - I <g - l:j 3 City Attorney Date APPROVED: "7-?~'##~ Nancy A. 'rksey, Mayor / June 22, 1998 ! Passed by the Council Submitted to the Mayor Approved by the Mayor June 23, 1998 June 23, 1998 Filed in the Office of the Recorder ~-..,,-- j ATTEST: o..-v.. ___ ~ Mary e nt, City Recorder ' City of Woodburn, Oregon June 23, 1998 Page 1 - Council Bill No. 1902 Resolution No. 1493 r .~--'--_.._"-- . . ... SALEM SENIOR CENTER USE AGREEMENT This Agreement is made between the City of Salem, an Oregon Municipal Corporation (CITY) and the City of Woodburn, an Oregon Municipal Corporation (USER). WHEREAS, the Retired and Senior Volunteer Program (RSVP) is to provide meaningful participation in their communities to the retired population through outreach to the community by placing seniors in nonprofit, nursing, governmental facilities, or other community agencies as volunteers, and WHEREAS, volunteer opportunities for seniors in Salem, Oregon, include but are not limited to: The State Capitol, Marion County and City of Salem offices, Salem Hospital, Life Line, Arts Commission, Migrant Workers Project, Golden Clowns, Knitters Circle, Boys & Girls Club, SalemlKeizer Schools, nursing and care homes, Literacy Council, Mano a Mano, Salem Outreach Shelter, Women's Crisis Services, now therefor IN CONSIDERATION of the mutual obligations and benefits herein set forth, the parties agree as follows: 1. CITY OBLIGATIONS 1.1 CITY shall provide Room 24 in its Salem Senior Center for office space for the RSVP for up to 20 hours a week and space for activities as can be accommodated. When Room 24 is not in use for the RSVP, the Senior Center may schedule it for other uses, e. g., tax and personal counseling. USER is entitled to use the Classroom. or Auditorium when space is requested by USER, and can be accommodated in the Senior Center's Facility Use Schedule. USER may use the photocopy machine. 1.2 CITY shall allow the use of facilities and equipment at the Salem Senior Center for the uses specified in Section 1.1. Such use is subject to all generally applicable policies and procedures that the CITY may adopt and amend from time to time. 1.3 CITY shall provide building supervision during the hours of RSVP use of the Salem Senior Center facility. "Building supervision" means opening and closing the building, turning on and off lighting and HVAC systems, and providing access to special equipment approved for RSVP's use. CITY's staff shall have no obligation to supervise the conduct of the RSVP Coordinator or volunteer participants in the program. Such staff may take any actions they deem appropriate to prevent misuse of or damage to the City's property. They may also act to stop conduct that violates any law, ordinance, or established Salem Senior Center use and conduct policies. DUPLICATE ORIGINAL ssc'vsvp9899.agr :;L 0 f .,;< T- '_'~_'~_"'~=''''''''.'''''_'~''__''''''''"'''__''_'__'__;f.-.-_~''''4<'_'~._~~ ~-"l 1.4 CITY shall schedule the Salem Senior Center and coordinate programs and uses at the facility. CITY's staff shall perform this obligation using their sole discretion within the framework of the annually approved Facility Use Schedule. CITY's goal is to assure access to and use of the Salem Senior Center by the broadest possible range of groups, activities, and interests to serve Salem's senior community. No single group or organization shall be given any preferred or preemptive status in scheduling use of the Salem Senior Center facilities, equipment and space. 1.5 CITY shall assure USER timely, periodic opportunity for communicating complaints, requests, suggestions, and comments relating to the Salem Senior Center and its operation. 1.6 CITY shall provide at no cost, limited access to a telephone for local and toll-free calls by USER's staff for purposes related to RSVP and activities under this Agreement. CITY is not obligated to provide toll call access. 1.7 A CITY staff person shall serve as a liaison to RSVP to assist in coordinating and facilitating RSVP's use of the Center and minimize conflict with other Center users. 1.8 CITY shall provide USER timely information about Senior Center policies and operations that affect RSVP's activities at the Salem Senior Center. 1.9 CITY shall publicize RSVP activities where appropriate in the sole discretion of CITY's Senior Center Director. 1.10 CITY may provide co-sponsorship, partial funding, or both for certain special activities at the Salem Senior Center as may be separately agreed upon between the parties. Availability of City funds depends on budget authorization. Planning for such events must start enough before the CITY's budget review process to allow their consideration. 2. RSVP OBLIGATIONS 2.1 All USER activities shall be open to all persons age 55 and older regardless of the person's race, gender, ethnic background, national origin, or disability. 2.2 USER shall be solely responsible for recruiting and, if necessary, providing mileage compensation for persons to carry out all of its activities. 2.3 USER, its officers, directors, staff, and volunteers will cooperate fully with the CITY officers and staff of the Salem Senior Center. USER will follow all rules, regulations, and policies established for the Salem Senior Center. -- USER will assure that its representatives and patrons follow such policies in activities, programs, and meetings conducted or sponsored by RSVP. ssclrsvp9899,agr DUPLICATE ORIGINAL .;{ of ~ r .......,~ ."~___..,"'........__...,,___ .......,......-_~"-'".....~.....~...~..c.,__~__...__""-_......~_'"~~".....................--..........._.~.~ " 2.4 USER shall be solely responsible for obtaining all required licenses, permits, and registrations necessary for the lawful conduct of its affairs, programs, events, and activities. 2.5 Should USER require special equipment or fixtures that would also benefit and be shared by CITY, the parties shall, by separate agreement, provide for acquisition, reimbursement, and ownership of such. 2.6 USER will provide information regarding RSVP for publication in Salem Senior Center Update newsletter as space is available. 2.7 USER agrees to a rental fee of $400 annually to use room 24 for RSVP activities and business. 3. INSURANCE AND INDEMNITY 3.1 USER provides for supplemental car insurance for those RSVP members who maintain their own insurance and are in the process of using a personal car in the delivery of RSVP duty. 3.2 USER agrees to indemnify the City of Salem, its officers, employees, and agents from all claims, demands, suits and legal actions including appeals arising out of or in connection with RSVP's activities under this Agreement. 3.3 "Indemnify," as used herein, means to indemnify, defend, and save harmless. 4. MISCELLANEOUS 4.3 4.4 ssclrsvp9899.agr 4.1 This Agreement represents the complete understanding of the parties concerning the subject matter hereof. All prior agreement, representations, and negotiations, written and oral, relating to the subject matter of this Agreement are hereby repudiated and set aside. 4.2 This Agreement may be amended only by written instrument executed with the same formalities as the Agreement itself. In the event any term of this Agreement shall be held invalid or unenforceable, the parties declare that any such holding would not affect their willingness to enter into all other terms hereof, and such holding shall not affect the validity and enforceability of the remainder of this Agreement. Failure of either party to object to an event of default, breach, or inadequate performance by the other shall not constitute a waiver of the offended party's right to object to future events, whether of the same or -- different nature. No provision of this Agreement shall be held waived or modified by a party's past failure to assert its rights to full and faithful performance. DUPLICATE ORIGINAL ~ of c:{ r" ..~..._'-_.~.-.,-'_.,-_._".._.,- .. 4.5 This Agreement shall take effect as of July 1, 1998 through June 3D, 1999 unless sooner terminated as provided in Section 4.6. 4.6 Notwithstanding Section 4.5, either party may terminate this Agreement: 4.6.1 In the event of a continuing material breach by the other, provided that the offended party has given the other not less than 30 days written notice to cure the breach and the other party does not effectively cure the breach within that time. The remedy of termination as provided herein shall be in addition to and not in lieu of any other remedy available at law or equity. . 4.6.2 Wrthout cause by giving not less than 30 days prior written notice. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF SALEM, OREGON CITY OF WOODBURN, OREGON City of Salem, City Manager By: [ h ,q ~I " (Mayor" Date: June 23, 1998 . By: Date: Approved as to form: City Attorney Date: G, - a '3 -Cj f(' ssclrsvp9899,agr 'I. DUPLICATE ORIGINAL :J.. of ~ T"" ~""''--_''_''~'"'''''__~'''''_''''''_'-''''_'~''''''''~~'~''''-_'''''",""",;""_><,~""""""",__"____..0.4-,,_...~_.,_._.,._~",,........o.,.,___,,"- .