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Res 1170 - Agmt Salem Senr Ctr COUNCil Bill NO, 1461 RESOLUTION NO. 1170 A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE CITY OF SALEM FOR 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 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 which is attached hereto and, by this reference, incorporated herein, Section 2, That the Mayor and RSVP Director are authorized to sign said agreement on behal~ city of WOO~b~ / . ! Approved as to form: 0 )~ ~ J 1-/ z /1.3 City Attorney._ Date ' APPROVED: ,.' ~ / Ar2.t]f~, I len Kelley, Mayor Passed by the Council March 22, 1993 Submitted to the Mayor March 23, 1993 Approved by the Mayor March 23, 1993 Filed in the Office of the Recorder ATTEST: /fl ~ M~~nnant, City Recorder City of Woodburn, Oregon March 23, 1993 Page 1 - COUNCil BILL NO, 1461 RESOLUTION NO, 1170 T'""-- "'-',-_. ....'"....~."..." ~..,--_.." "-.- .,_.~. ---"."---'-"-"--"'~---<-"---~-~ Salem Senior Center Use Agreement This Agreement is made between the CITY OF SALEM, an Oregon Municipal Corporation (City) and the Retired Senior Volunteer Program (User) administered through the Federal Action Program and whose subsidiary agent is the City of Woodburn. Be it known that the User is a branch of the US Action Program, As such, its mission is to provide meaningful partic1pation 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, 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, Salem/Keizer Schools, nursing and care homes, Literacy Council, Mano a Mano, Salem Outreach Shelter, Women's Crisis Services, 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 the User and space for activities, When Room 24 is not in use by 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 RSVP 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 User use of the Salem Senior 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 Users 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, 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. c:\scac\d.s900230.agr/cek 03/11/93 -' . __ ..__..._. ML."..^~ " SSC Use Agreement Page 2 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 User's programs 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 User to assist in coordinating and facilitating User'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 User's activities at the Salem Senior Center. 1,9 City shall publicize User activities where appropriate in the sole discretion of City's Senior Center Supervisor, 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 USER 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 handicap, 2,2 Usershali 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 User, 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, c:\scac\ds900230,8gr/cek 03/11/93 SSC Use Agreement Page 3 2,6 User will provide information regarding User for publication in Salem Senior Center Update newsletter as space is available. 3 INSURANCE AND 1NDEMNITY 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 User 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 User's activities under this Agreement. 3,3 "Indemnify," as used herein, means to indemnify, defend, and save harmless, 4 MISCELLANEOUS 4,1 This Agreement represents the complete understanding of the parties concerning the subject matter hereof, All prior agreements, 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, 4,3 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. 4.4 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. 4.5 This Agreement shall take effect as of March 1, 1993 and shall remain in effect through February 28, 1994 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 c:\scac\ds900230.agrjcek 03/11/93 r .- -- - ',..' sse Use Agreement Page 4 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 Without 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 RETIRED SENIOR VOLUNTEER PROGRAM '~~~m LE ~ KELLEY, YOR ~.t;I~~unty RSVP Director Date: March 23, 1993 c:\scac\ds900230.agr/cek 03/11/93