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HomeMy WebLinkAboutSenior Citizens Association; 1985-06-06;AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION TO PROVIDE PROGRAMS AND ACTIVITES FOR THE SENIORS~OF CARISBAD THIS AGREEMENT is entered into by and between the City of Carlsbad, California, a municipal corporation, hereinafter called “City” and Carlsbad Senior Citizens Association, Inc., a California corporation, hereinafter called “CSCA”. WITNESSETH WHEREAS, the City and CSCA wish to provide social and recreational services to the Carlsbad Senior Citizens; and The City owns a certain building located at 3096 Harding and is known as Harding Community Center. This certain building is currently used for City park and recreational purposes, and by the CSCA to provide senior services; and WHEREAS, use of certain portions of Harding Community Center by the City and CSCA will benefit the public health and welfare and enhance the parks and recreation programs of the City for the benefit of the general public and the Carlsbad Senior Citizens; and WHEREAS, the City will now be responsible for providing a portion of the senior programs for the residents of Carlsbad; THEREFORE, it is agreed as follows: 1. CSCA PROGRAMS CSCA agrees to provide the following programs with the assistance of City. A. Nutrition Program - This program is completely financed by the Area Agency on Aging (AAA). Funding pays for a Nutrition Manager, a Kitchen Supervisor, and an Assistant Supervisor. -l- 3 B. Van Transportation - CSCA will continue to operate the existing van service; however, the City of Carlsbad and CSCA each pay half of drivers' salary. This will cost each agency $3,900. Maintenance will be paid for by the City, but reimbursed by grant funds from AAA. C. Mobile Meals - This program is completely paid for by CSCA through donations and the collection of fees. CSCA delivers two (2) meals per day to approximately 30 - 35 Seniors. This also includes the Tele-Care program which is a telephone monitoring service for Seniors that are confined in their homes. D. Bingo - The profits from bingo will be used to finance programs and activities of the CSCA. E. Newslettter - Monthly publication and distributed to all CSCA members. F. Home Health Aid - This program is funded by AAA and offers the services of homemakers and maintenance people to help the Seniors in their homes. 2. CITY PROGRAMS The City will coordinate the following programs with the advice and volunteer assistance of CSCA: A. B. c. D. E. F. G. H. Blood Pressure Clinic Health Screening Programs Insurance Counseling Legal Counseling Health Equipment Support Utility Shut-Off Program Home Housing of the Elderly Homemakers Assistance Program -2- Y I. 3. K. L. M. N. 0. P. Q. R. s. Tax Consult ant Painting Exercise Spanish Golden Age Club Social Bingo Card Games Shuffleboard Neighborhood Watch Distribute informational brochures for Costa Real Municipal Water District and others. Develop new Programs 3. FINANCIAL -RESPONSIBILITIES The City will pay for the programs and activities provided by the City (except for a port ion of the salary of the van drivers.). CSCA will pay for the programs and activities directed by CSCA. The City will no longer contract with CSCA to provide Senior Services. This means the City will no longer pay the $37,000+ to CSCA. When CSCA uses the auditorium at Harding Community Center for bingo, they shall pay the costs for the Facility Attendant. 4. PERSONNEL The City will establish a Senior Citizen Division under the direction of the Parks and Recreation Department. The City will hire a Senior Citizen Coordinator to direct the programs offered by the City. CSCA will no longer employ an Executive Director but will hire staff and/or utilize volunteers for the coordination of the Nutrition Program, Mobile Meals, Newsletter, and Van Transportation. -3- 5. FACILTIES CSCA and the City will both utilize the northern section of Center Building at Harding Community Center. This is designated as “Attachment A”. The City reserves the right to schedule activities at Harding Community Center. Priorities for use of the auditorium and the southern section of the Center building will be 1) City; 2) use by CSCA; 3) Others. Scheduling for the Recreation Hall will be developed in conjunction with CSCA. Priorities for use of the Recreation Hall will be I) CSCA; 2) City; 3) Others. In addition , CSCA will be allowed to remodel the kitchen in the Recreation Hall, Plans must be approved by the City. CSCA or City will acquire grant funding to finance the remodel ; however, City may pay a portion of the remodel costs. 6. PARKS AND- RECREATION COMMISSION The City Council will appoint one member from the Board of Directors of CSCA to serve on the Parks and Recreation Commission. The first appointment will be when the next vacancy occurs in August of 1985. 7. BUSINESS USE CSCA shall not allow any business or commercial venture to use those portions of the Harding Community Center reserved for the use of the CSCA. 8. PUBLIC USE All activities conducted by the CSCA at the Harding Community Center shall be open to the members of CSCA and to the general public. 9. FEES CSCA may charge a fee to persons participating in CSCA activities conducted at the Harding Community Center. The amount of such fees shall reasonably relate to the cost of the CSCA for conducting such activity and shall be approved in advance by the Parks and Recreation Director or his designee. -4- IO. COMPLIANCE Association agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the City. 11. CSCA shall not assign or otherwise transfer its rights and privileges arising from this agreement. 12. REPAIRS AND. MAINTENANCE City shall make all required repairs to Harding Community Center. During the term of this agreement CSCA shall care for and maintain in a clean, safe condition those portions of the Recreation Hall when used for the nutrition program and contents and appurtenances thereto which the CSCA occupies at its own expense to the satisfaction of the City. 13. ALTERATIONS CSCA shall make no alterations to Harding Community Center or the Harding Community Center property without prior consent of the City. 14. UTILITIES The utilities, including water, shall be paid for by the City. The CSCA will, however, pay for their own telephone service. 15. SERUCES In order to provide funds for the operation of the CSCA’s programs, the CSCA may establish civic and other services at Harding Community Center provided that the operation of such services does not significantly interfere with the provision of social and recreational services and programs. Services should be developed in cooperation with the Senior Citizen Coordinator. -5- ? 16. RENTAL For use of Harding Community Center as described herein during the term, the CSCA shall pay to the City the sum of $1 .OO annually due and payable on the date of execution of this agreement by the City and annually on the anniversary date of the agreement, unless the agreement is otherwise terminated. 17. HOLD HARMLESS CSCA agrees to hold City totally harmless for all costs, expenses, claims and liability arising out of CSCA’s use of the Harding Community Center. To substantiate CSCA’S ability to comply with this provision, CSCA shall maintain a policy of liability and property insurance with limits of $1 ,OOO,OOO.OO and naming the City as an additional insured and shall carry a policy of worker’s compensation insurance covering any and all of the CSCA’s employees. The CSCA shall also provide adequate insurance to cover any injury occurring to a volunteer providing service to the CSCA and arising out of the provision of that service. The insurance policies are subject to approval by the City. The CSCA shall be responsible for ensuring that the Harding Community Center is maintained in a safe condition and shall immediately inform the City of any condition which may render the building or any portion of the property unsafe. 18. TERMINATION OF AGREEMENT This agreement shall take effect and the term shall commence upon the date of execution by the City and shall be automatically extended for successive one year periods, provided that Assocation has fully complied with the terms and conditions of the agreement and unless sixty days notice of termination is given by the City Council or CSCA. Notwithstanding, anything to the contrary in this paragraph either party may terminate this agreement at any time by giving ninety (90) days prior notice to the other. -6- 8 19. PRIOR AGREEMENTS The prior agreement between the City and the Association dated 3anuary 17, 1984, entitled Agreement with the CSCA for the Use of Harding Community Center is superseded by this agreement and shall be of no further force or effect. 20. KEYS Association shall provide the Parks and Recreation Director with two sets of keys to all locks installed by the CSCA on the premises, except keys for any safe or safety box. 21. If CSCA does not have adequate funding or programs listed in Paragraph 1, the City could program(s). EXECUTED this /b f4 day of ark d -e- 2, 1985, by the parties as follows : supervision for any of the take over the coordination of the ATT EST : CITY OF CARLSBAD, California, a municipal corporation ALETHA L. RAUTENKRANZ, 5fLAk/+k. BYE-~- City Cler& MARY CASLEF$ Mayor CARLSBAD SENIOR CITIZENS ASSOCIATION, INC., a California corporation APPROVED AS TO FORM: ity Attorney T City Attorney -- c3 r- G Y w V t I - z 0 0 P t z ? 0 1 I ;;t XI I’ AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CARLBAD AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION SIGNED JUNE 6, 1985 TO PROVIDE PROGRAMS AND ACTIVITIES FOR THE SENIORS OF CARLSBAD. Section 3 shall be amended to read as follows: Section 3. FINANCIAL RESPONSIBILITIES. The City will pay for the programs and activities pro- vided by the City (except for a portion of the salary of the van drivers and the Nutrition Program). CSCA will pay for the programs and activities directed by CSCA. The City will no longer contract with CSCA to provide Senior Services. This means the City will no longer pay the $37,00Of to CSCA. When CSCA uses the Auditorium at Harding Community Center for bingo, they shall pay the costs for the Facility Attendant. The City will pay to CSCA an amount not to exceed $17,921 to provide noon-day meals for senior citizens. The amount of $10,391 is to augment the CSCA Nutrition contract due to pre- vious budget reductions. The remaining $7,530 is to increase the total number of noon-day meals by 15 per day. At the close of each month, upon receipt of appropriate billing documents, the City shall pay to CSCA $1493.42 for a period of one year beginning April.1 I 1986 through March 31 , 1987. Each month the CSCA will submit to the City Senior Citizen Coordinator a report indicating: a) total number of meals ordered. b) total number of senior meals served. cl total number of meals requested but not served. d) total number of documented seniors turned away by phone. e) total number of documented seniors turned away in person. EXHIBIT "A" 3 _- This amendment shall be for a period not to exceed one year. Further requests for support of CSCA programs/activities shall be submitted to the City prior to January 31. Future allocations to the CSCA will be made on a fiscal year schedule. Should Senate Bill 1114 proposed by Senator Mello or other additional funding become available, this amendment may be renegotiated and reduced at the request of the City. Executed this /I-+ day of flu I 1986 by the parties as follows: CITY OF CARLSBAD, California ATTEST: a municipal corporation -;t;c,dL ALETHA L. RAUTENKRANZ, City Cl CARLSBAD SENIOR CITIZENS ASSOCIATION INC., a California corporation APPROVED AS TO FORM: City Attorney ' AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION TO PROVIDE PROGRAMS AND ACTIVITIES FOR THE SENIORS OF CARLSBAD THIS AGREEMENT is entered into by and between the City of Carlsbad, California, a municipal corporation, hereinafter called “City” and Carlsbad Senior Citizens Association, Inc., a California corporation, hereinafter called “CSCA”. WITNESSETH WHEREAS, the City and CSCA wish to provide social and recreational services to the Carlsbad Senior Citizens; and The City owns a certain building located at 3096 Harding and is known as Harding Community Center. This certain building is currently used for City park and recreational purposes, and by the CSCA to provide senior services; and WHEREAS, use of certain portions of Harding Community Center by the City and CSCA will benefit the public health and welfare and enhance the parks and recreation programs of the City for the benefit of the general public and the Carlsbad Senior Citizens. THEREFORE, it is agreed as follows: 1. CSCA PROGRAMS CSCA agrees to provide and take full responsibility for the following programs with the assistance of the City. A. Bingo - The profits from bingo will be used to finance programs and activities of the CSCA. All applicable rules and laws will be conformed to. -l- - 8. Newsletter - Monthly publication distributed to those who subscribe. City staff will assist with subscription renewals. C. Other Fundraising Activities - Profits will go to offset CSCA operations and benefit senior programs in Carlsbad. 2. CITY PROGRAMS The City will coordinate all other programs for the benefit of senior citizens in the Carlsbad area. 3. FINANCIAL RESPONSIDILITIES The City will pay for the programs and activities provided by the City. CSCA will pay for the programs and activities provided by CSCA including all costs and supplies relating to their operation. Addit ionally, CSCA shall pay for any long distance phone calls placed from Senior Center, When CSCA uses the auditorium at Harding Community Center for bingo, they shall pay the costs for the 4. Facility Attendant. PERSONNEL The City will hire a Senior Citizen Coordinator to direct the programs offered by the City. CSCA will no longer employee an Executive Director but will hire staff and/or utilize volunteers for the coordination of their programs. 5. FACILITIES The CSCA shall be provided space within an office at the Senior Center, which they may utilize to carry out their operations. Scheduling for the use of such space shall be developed in conjunction with the City of Carlsbad. 6. BUSINESS USE CSCA shall not allow any business or commercial venture to use those portions of the Harding Community Center utilized by the CSCA. -2- 7. PUBLIC USE All activities conducted by the CSCA at the Harding Community Center shall be open to the members of CSCA and to the general public. 8. FEES CSCA may charge a fee to persons participating in CSCA activities conducted at the Harding Community Center. The amount of such fees shall reasonably relate to the cost of the CSCA for conducting such activity and shall be approved in advance by the Parks and Recreation Director or his designee. 9. COMPLIANCE CSCA agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the City. 10. ASSIGNMENT CSCA shall not assign or otherwise transfer its rights and privileges arising from this agreement. 11. REPAIRS AND MAINTENANCE City shall make all required repairs to Harding Community Center. 12. ALTERATIONS CSCA shall make no alterations to Harding Community Center or the Harding Community Center property without prior consent of the City. 13. UTILITIES The utilities, including water, shall be paid for by the City. The CSCA will, however, pay for their own long distance telephone calls. 14. SERVICES In order to provide funds for the operation of the CSCA’s programs, the CSCA may establish civic and other services at Harding Community Center provided that the operation of such services does not significantly interfere with the -3- provision of social and recreational services and programs. Services shall be developed in cooperation with the Senior Citizen Coordinator. 15. RENTAL For the use of Harding Comumnity Center as described herein during the term, the CSCA shall pay to the City the sum of $1.00 annually due and payable on the date of execution of this agreement by the City and annually on the anniversary date of the agreement, unless the agreement is otherwise terminated. 16. HOLD HARMLESS CSCA agrees to hold City totally harmless for all costs, expenses, claims and liability arising out of CSCA’s use of the Harding Community Center. To substantiate CSCA’s ability to comply with this provision, CSCA shall maintain a policy of liability and property insurance with limits of $1,000,000.00 and naming the City as an additional insured and shall carry a policy of worker’s compensation insurance covering any and all of the CSCA’s employees. The CSCA shall also provide adequate insurance to cover any injury occurring to a volunteer providing services to the CSCA and arising out of the provision of that service. The insurance policies are subject to approval by the City. The CSCA shall be responsible for ensuring that the Harding Community Center is maintained in a condition which safe condition and shall immediately inform the City of any may render the building or any portion of the property unsafe. OF AGREEMENT 17. TERMINATION This agreement shall take effect and the term shall commence upon the date of execution by the City and shall be automatically extended for successive one year periods, provided that CSCA has fully complied with the terms and conditions of the agreement and unless sixty days notice of termination is given by the City Council or CSCA. Notwithstanding, anything to the contrary in this -4- paragraph either party may terminate this agreement at any time by giving ninety (90) days prior notice to the other. 18. KEYS Association shall provide the Senior Citizen Coordinator with two sets of keys to all locks installed by the CSCA on the premises, except keys for any safe or safety box. 19. PRIOR AGREEMENTS All prior agreements between the City and the Association are superseded by this agreement and shall be of no further force or effect. EXECUTED THIS .$& day of follows: 9 1987, by the parties as CITY OF CARLSBAD, California, a municipal corporation ATTEST : f1 ALETHA L. RAUTENKRANZ, City Cler$ CARLSBAD SENIOR CITIZENS ASSOCIATION, INC., a California corporation By: APPROVED AS TO FORM: -5- C - AN AGREEMENT BETWEEN THE CITY OF CARLSBAD, CALIFORNIA AND THE CARLSBAD SENIOR CITIZENS’ ASSOCIATION TO PROVIDE PROGRAMS AND ACTIVITIES FOR THE SENIORS OF CARLSBAD THIS AGREEMENT is entered into by and between the City of Carlsbad, California, a municipal corporation, hereinafter called “City” and Carlsbad Senior Citizens’ Association, Inc., a California corporation, hereinafter called “CSCA”. RECITALS WHEREAS, the City and CSCA wish to provide social and recreational services to the Carlsbad Seniors; and WHEREAS, the City owns a certain building located at 799 Pine Avenue and is known as the Carlsbad Senior Center. This certain building is currently used by the City and the CSCA to provide senior services. NOW, THEREFORE, it is agreed as follows: 1. CSCA PROGRAMS CSCA agrees to provide and take full responsibility for the following programs with the guidance of the City. A. Binao - The profits from Bingo will be used to finance programs and activities of the CSCA. All applicable rules and laws will be conformed to. B. Newsletter - Monthly publication distributed to those who subscribe. City staff will assist with subscription renewals. City sponsored senior activities and programs shall be published in the newsletter at no cost to the City. C. Other Fundraisins Activities - Profits will go to offset CSCA operations and benefit senior programs at the Carlsbad Senior Center. Activities will be developed and scheduled in collaboration with the Senior Center Coordinator. 2. CITY PROGRAMS The City will coordinate all other programs for the benefit of seniors in the Carlsbad area. 1 3. 4. 5. 6. 7. 8. 9. FINANCIAL RESPONSIBILITIES The City will pay for the programs and activities provided by the City. CSCA will pay for the programs and activities provided by CSCA including & costs and supplies relating to their operation. Additionally, CSCA shall pay for any long distance phone calls placed from Senior Center. PERSONNEL A Senior Center Coordinator hired by the City shall direct the programs offered by the City. CSCA will no longer employ an Executive Director, but will hire staff or utilize volunteers for the coordination of their programs. FACILITIES The CSCA shall be provided an office at the Senior Center, which they may utilize to carry out their operations. Scheduling for the use of such space shall be developed in conjunction with the Senior Center Coordinator. Any other use by CSCA of any portion of the Senior Center facility shall require an approved facility use application. BUSINESS USE CSCA shall not allow any business or commercial venture to use those portions of the Senior Center utilized by the CSCA. PUBLIC USE All activities conducted by the CSCA at the Senior Center shall be open to all seniors (persons 55 years of age or older). FEES CSCA may charge a fee to persons participating in CSCA activities conducted at the Senior Center. The amount of such fees shall reasonably relate to the cost of the CSCA for conducting such activity and shall be approved in advance by the Community Services Director or his designee. COMPLIANCE CSCA agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the City. 10. ASSIGNMENT CSCA shall not assign or otherwise transfer its rights and privileges arising from this agreement. 2 11. REPAIRS AND MAINTENANCE City shall make all required repairs to Carlsbad Senior Center. 12. ALTERATIONS CSCA shall make no alterations to the Senior Center or the Center property without prior written consent of the City. 13. UTILITIES The utilities, including water, shall be paid for by the City. The CSCA will, however, pay for their own long distance telephone calls. Should CSCA install a phone in their office area, & costs relating to installation, repair service and monthly fees will be paid by CSCA. 14. RENTAL For the use of the Senior Center as described herein during the term, CSCA shall pay to the City the sum of $1 .OO annually due and payable on the date of execution of this agreement by the City and annually on the anniversary date of the agreement, unless the agreement is otherwise terminated. 15. INSURANCE CSCA shall obtain and maintain for the duration of the agreement liability and property insurance against claims for injuries to persons or damage to property which may arise or in connection with the use of the Senior Center. Said insurance shall be in the amount of $1 million, naming the City as an additional insured. Said insurance shall be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best’s Key Rating of not less than “A-:V” and shall meet the City’s policy for insurance as stated in Resolution No. 91-403. CSCA shall also provide adequate insurance to cover any injury occurring to a volunteer providing services to CSCA and arising out of the provision of that service. The insurance policies are subject to approval by the City. CSCA shall be responsible for informing the City of any condition which may render the Senior Center building or any portion of the property unsafe. 3 16. HOLD HARMLESS The City, its elected and appointed officers, volunteers and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever; not for personal injuries or death caused by or resulting from, or any intentional or negligent acts of CSCA, CSCA’s agents, employees, volunteers or representatives. Furthermore, Contractor agrees to defend, indemnify, protect, and save free and harmless the City and its elected and appointed officers, volunteers and employees against any claims for damages, liabilities, penalties or fines, costs or expenses, including liabilities or claims arising out of the conduct of CSCA in connection with the use of the Senior Center, except only for those claims arising from the sole negligence or sole willful conduct of the City, or its elected and appointed officers and employees. 17. TERMINATION OF AGREEMENT This agreement shall take effect and the term shall commence upon the date of execution by the City and shall be automatically extended for successive one-year periods, provided that CSCA has fully complied with the terms and conditions of the agreement and unless sixty days notice of termination is given by the City Council or CSCA. Notwithstanding, anything to the contrary in this paragraph either party may terminate this agreement at any time by giving ninety (90) days prior written notice to the other. 18. KEYS CSCA shall be provided from the Senior Center Coordinator two sets of keys to the CSCA office. CSCA agrees not to duplicate or loan such keys. Any additional keys will be distributed by the Senior Center Coordinator. All persons issued a key will complete a City key authorization form which will be kept on file in the Senior Center Office. 4 19. PRIOR AGREEMENTS All prior agreements between the City and CSCA are superseded by this agreement and shall be of no further force or effect. EXECUTED THIS F day of parties as follows: 5. -lgg5, by the CITY OF CARLSBAD, California, ATTEST: Cit &Ierk KAJ Mayor FL KUNDTZ, Assistant City Clerk CARLSBAD SENIOR CITIZENS’ ASSOCIATION, INC. a California Corporation APPROVED AS TO FORM: By: i Preside& City Attorney