HomeMy WebLinkAbout1977-09-06; City Council; 5175; Agreement with Senior Citizens AssociationCITY OF CARLSBAD
AGENDA BILL NO. Initial:
DATE; Se tember 6, 1977 Dept.Ad. &
,D]tPARTMENT: City Manager C. Mgr,
Subject: --------
Agreement with the Carlsbad Senior Citizens' Association
Statement of the Matter
Tha,City"Council appropriated $23,030, in the 1977-78 budget for Senior
Citizens progrars and activities. A contractual agreement for the
operation and maintenance of a Senior Center and for the Nutrition
Program has been prepared.
Exhibit
1. Agreement between the City of Carlsbad and the Carlsbad Senior
Citizens',Association,
�. Resolution No.
Recommerdation
It is recommended the City contrae.t w fth the Senior Citizens' Association
for the operation and maintenance of a Senior Center and the Nutrition
Program. If Council concurs, they should adopt Resolution No.,—jQ�,
Council action
9-6-77 Resolution #5'198 was adopted, approving an agreement between
City and Carlsbad Senior Citizens' Association for operation
and maintenance of a Senior Center and for nutrition program.
I RESOLUTION NO. 5198
2 A RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, APPROVING
AN AGREEMENT BETWEEN THE CITY OF CARLSBAD
4 AND THE CARLSBAD SENIOR CITIZENS' ASSOCIA=
TION FOR -THE OPERATION AND MAINTENANCE OF
A SENIOR CENTER AND,FOR A NUTRITION PRO-
5 GRAM AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
6
The City Council of the City.of Carlsbad, California, does
8 hereby resolve as follows:
9 1. That that certain agreement between the City of Carlsbad
10 nd the Carlsbad Senior'Citizens' Association for the operation
11 and maintenance of a Senior Center and for a. Nutrition Program., a
12copy of which is attached hereto marked Exhibit A and incorporated
13 erein by reference, is.hereby approved.
7.4
2, That the Mayor of the City of Carlsbad is hereby author-
Z5 ized t-,j directed to execute said agreement for and on behalf of
3.6 the City .of Carlsbad.
17 PASSED, APPROVED AND ADOPTED at a regular meeting of the
xBIrity•Couracil of the City of Carlsbad, California held on the 6th
11 18 ay of Se(Ltember , 1977, by the follwoing vote, to wit:
20' AYES: Councilmen Frazee, Lewis, Packard and
Councilwoman Casler
21 'NOES.: Councilman Skotnicki
22 ABSENT: None �.
2 R ERT C. FRAZEE, M or
24 TTEST:
25.
��o
26.
46rE ADAM41,y Ce�C
27i(SEAL)
26�
AGREEMENT FOR THE OPERATION
AND MAINTENANCE OF A SENIOR CENTER
AND FOR A NUTRITION PROGRAM
F
EXHIBIT "A" to
RESOLUTION NO. 5198.,
THIS AGREEMENT is made on this _1st day of July., 2977
between the CITY —OF CARLSBAD, a municipal corporation of the
State of California (hereinafter referred to as "City") and the
CARLSBAD SENIOR CITIZENS' ASSOCIATION, a non-profit corporation
(here.inafter referred to as "Contractor").
WITNESSETH:
WHEREAS, the City is engaged in programs to help meet the
,needs of residents of the City over the age of sixty., years of age;
.and'.
WHEREAS, Contractor is willing to perform certain services for
persons over sixty years, of age; and
WHEREAS, the City desires to employ Contractor to perform
the hereinafter•described services in connection with,the City's,
Senior Citizens' programs; and
'::HEREAS, the City Council has approved the employment of
an independent Contractor to provide services it connection with
the City's Senior Citizens' Orograms;
,ROW, THEREFORE, the parties agree as follows:
1-. Dut-ies_of Contractor. Contractor shall- carry on a
program of senior citizens activities on behalf of the City of
Carlsbad as Poll-ows:
a. Establish, operate and maintain a Senior Citizens
Center open to the public, to be open five days
per week, Monday through Friday, eight hours per
day. Access into these offices are to be free of
physica'1 barriers and are to.be suitably furnished
to insure comfort to older and handicapped persons.
b. Employ a competent individual to staff the Senior
' C.itiz•ens' Center. Said individual to act as a
full-time coordinator of senior citizens -'.._programs
for the City of Carlsbad, to assist in the recruiting,
training and supervising of volunteers and to assist
in the assessment of existing and in'the develop-
ment of new programs.
c; Operate a Nutri-tio►i Program in cooperation with fine
Carlsbad Unified School District that wii-1 provide
well-balanced midday meals and informative programs
five days a week, except during school holidays.
d. Employ a competent individual to supervise the
Nutrition Program, Said individual to work with the
• r,
'Carlsbad Unified School District in the preparation
o'f the meals and to arrange for informative programs.
e. Direct established programs of stated objectives,
including methods by which objectives are to be
accomplished.
f. Develop programs to meet the established needs of
senior citizens. Proposals to include needs
assessment, goals, objectives] act -ion steps and
evaluation procedures for each rrogr•am.
g. Submit written reports to the City Manager on a monthly
basis of all activities and programs involving senior
citizens relat-ing to the Senior C-itizens' Center,
2.
including the activities of the full-time coordinator.
These reports shall be due by the 15th of the month
for the preceding month..
h. Publicize the availibility of services and activities
on an ongoing basis by all means available. Copies
of publicity material will be fi-led with -monthly
. y
report to the City Manager. J
2. Payment. Payment to the Contractor by the City s.haI"1 be
made at the rate of one-twelth of the amount approved by the City
Council for the maintenance and operation of a Senior Citizens Center
and a Nutrition Program during fiscal year 1977-78. Payment shall'
be made upon receipt by City of a written claim from the Contractor
showing the work performed for previous month. Payment shall no.t
be made until monthly written report, including financial statements
covering the programs receiving financial assistance from the City;
,has been submitted to the City Manager.
o. Term. This agreement shall be effective upon :he date of
execution of this agreement by the Mayor of the City. It shall ter-
minate on June 30, 1978. DuH ng.•caid term,this agreement may be ter-
minated at anytime upon thirty days written i-,Cti.ce by either party.
a. Insurance. Contractor shall procure and maintaif.�! policy
or policies of public liability and property damage insurance with
an insurance company or companies approved by the City -Manager,
wherein City is named as an insured; said insurance to insure City
to a limit of not lrcq than $300,000.00 for injuries or death of
any ,one person and,$500,000.00 witi, resoect to any one incident
or occurance And to a limit of not less than'$l0u,L00.00 for property
damage against any and all claims, demands, obligations, liabilities.,
cause ur"causes of action by reason -of any act or omission by or
3.
on behalf,of Contractor, its member agents, employees, permittees
or invitees, whether negligent, intentional or otherwise arising
out of or in any way connected to this agreement or thereof.
5. Equipment Inventory. City may assign certain City owned
equipment to Contractor. Contractor shall be responsible for all
assigned City equipment and shall -submit an inventor4p f all items
to the City Manager as a part of the last monthly report for 1978
or any subsequent years if this agreement is renewed. Contractor
shall immediately return any such equipment to City upon receipt
of written request therefor from the City Manager.
6. Renewal. This agreement may be renewed for fi-scal year
1978-79, and for any subsequent fiscal year in accord with the
terms of this section. If the Contractor desires to renew he shall
so indicate in writing to the City Manager not later than April 1st
of each yea.r. A proposed budget for the renewal year shall accompany.
the request for renewal. If the City desires to accept the renewal
that action shall be effective upon approval of proposed budget by
the City Council of the City of Carlsbad.
7. Status -of -Contractor. The Contractor will perform
the services provided for herein,• in its -own way, as an independent
contractor and in pursuit of,his independent calling, and not as an
employee of the City, and shall be under the control of the City
only*as to the result to be accomplished. The full-time coordinator
shall be hired by and responsible to Contractor. No employee of
the Contractor is, for any purposes arising out of this agreement,
an empl-oyee of the City of Carlsbad. In no event shall any con-
tractural relationship be created by this agreement between City
and any third party.
4.
8. Hold Harmless Agreement. The City,its agents, its officers
and employees shall not be liable for any -claims, liabilities, penal-
ties, fines or for any damage to goods, properties or effects of any
person whatever, or personal injuries to or death of them or any of
them caused ,by, or resulting from, or claimed to have been ca,:_;d by,
or resulting from, any act or omission of the Contractor or its
agents; employees or representatives. Contractor further agrees to
indemnify and save-freeand harmless the City and its authorized
agents, officers and employees, against any -of the foregoing l'iabili-
ties and claims therefor, and any cost.and expense that is incurred
by the City on account of any claim therefor.
9. Assignment of Contract. The Contractor shall not assign
this contract or any part thereof or any moni.es dire or to become.due
thereunder without prior written consent of the U-ty. A consent to
one assignment shall not be deemed to be a consent to any subsequent
assignment. Contractor shall not subcontract any of .the services
contemp.l.a_ted in this agreement without the expressed written consent.
of the City. A consent to one subcontract shall not be deemed to�be
a-chnsent to any subsequent subcontracts.
10. Noi:;ces. All notices required 'herein shall be in wri.t.ing
and dal'iver-ed in perso►, nr sent by mail. Notices to City shall be
addressed:
pity -Manager, 1200 Elm Avenue, -Carlsbad. California 92608.
Notices to Contractor shall be addressed:
Raymond C. Ede, President, Board of Directors, The Carlsbad
Senior Citizens' Association, P.O. Box 172, Carlsbad,
California 92008.
-5-
IN WITNESS, WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, •a Municipal Corporation
of'the S e of -California
ByAM. AP
R BER C.FRAZUX, -
, may
ATTEST: A
WMRRE E. DDAM4.iy C% rerk
CARLSBAD SENIOR CITIZENS' ASSOCIATION.
a non -,prof t corporation
By
ArR �3VED TO -FORM:
VI14CENT F.-BNDv JR:,
IO
Ci°'y•Attorney