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HomeMy WebLinkAbout1978-10-03; City Council; 5590; Agreement with Senior Citizens Associationke- CITY OF CARLSBAD AGFNDA BILL NO. ? 0 Initial: DATE: October 3, 1978 Dept.Hd '-" C. Atty, DEPARTMENT: City Manager C. Mgr. Subject: Agreement with the Carlsbad Senior Citizen's' Association Statement of the Matter The City Council appropriated $26,132 in the 1978-79 budget for senior citizens programs and activities. An agreement for the maintenance and operation of a senior center and a nutrition program has been prepared,, The agreement incorporates two changes made by the Carlsbad Senior a Citizens' Association during the year,. First, the age of seniors has � been lowered from sixty to Fifty-five -and second, the title of the coordinator has been changed to "executive director". # Exhibit I. Memorandum to City Council - dated September 2-1, 1978 - Exhibit "A" 2. Agreement .etween the City of Carlsbad and the Carlsbad Senior Citizens' Association - Exhibit "6" 3. Resolution No. SS410 Recommendation It is recommended that the City contract with the Senior Citizens' Association for the maintenance and operation of a senior center and a nutrition program. If Council concurs, they should adopt Resolution No. Council Action: '10-3-78 Council adopted Resolution #5540, approving ar agreement between the City of Carlsbad and the Carlsbad Senior Citizens' Association for the maintenance and operation of a Senior Center and -for a Nutrition Program and authorizing the Mayor to execute said agreement. Incorporated in the State of California, June 25, 1975 Corporate number 738726 A Non -Profit Corporation CAR:LSBAD SENIOR CITIZENS' ASSOCIATION 2945 Harding Street Carlsbad, California 92008 Phone (714) 729.0484 September 21, 1978 To: Carlsbad City Council Thru: Paul Bussey, City Manager From: Carlsbad Senior Citizens Association Subject: Memorandum of Agreement 1 - Per public notice submitted in May 1978 (See attached) please note Amendment II of "Intent to amend By -haws of Carlsbad Senior Citizens Association". This notice will indicate the age change of 60,years to 55 years for membership eligibility. - 2 - Reference Budget -Request Fy 78-79 as sub- mitted your office March 23, 1-978. "In line with the increase of program delivery services plus fund generating projects, it has become necessary to appoint coordinators for each associated program. Therefore, by Executive Board Resolution dated March 1, 1978, it has been decided to contract an Executive Director position for FY 78-79. HJAC `9e M. IMMINf, Executive Director Carlsbad Senior Citizons Assoc, Exhibit "A" lY' f CAMSMD SENtolt CTTaw ASSoCIATIONI Lac. ) r�Ntr¢m J 1r—p3RlCSES: To ealoawr to provide the citizens of Carlsbad, age 55 or over, with services to fulfill their needs and promote their general welfare and well-being. NOBS rl PURPOSES: TO endeavor to provide the citizens of Carlsbad, age 60 or over, with services to -fulfill their needs aid promote their general welfare and well-being. 1NFIZ't+F27c ' Ili -CAL YEAR: The fiscal year of the Association shall be from July 1st to June 30th WASThe annual General Menbership meeting of the Association shill be held in June. — III FISCAL YEAR: The fiscal year of the Association shall be free July 1st to June 30th The annual General Membership meeting of the Association shall be held in January. AMER MQNT IV Er3gRD OF DIRWIORS: Section 1 - The Board of Directors of the Association shall consist of seven (7) persons who shall establish policies and be a pvaered to a plov an Executive Director administer sixh policies ani conduct busirress operations of the Associ oa nt , subject to approval —of —the 'oird. Section 2 - Directors shall be elected at the Annual mpotim eif the aQa,,.tat;,,,, n.a Section 3 - Vacancies on the Board of Directors shall be filled by the remaining Board M:mt:ers within 30-days, such appointee to serve for a term not to exceed the next annual meeting of time general sra#sship. NDtS IV BOARD OF DIRECTORS: Section 1 - The gird of Directors of the Association shall consist of five (5) persons who shall transact the business of the Association. All activities of the Ass �iation are subject to the approval of the Board. Section 2 - Directors shall be elected at the first annual meeting of the general membership of the Association. Directors shall take office on July 1st following their election. One Director shall serve for one (1) year; two Directors shall serve for two (2) years and two Directors shall serve for three (3) years. Thence- forth all Directors shall serve terms of three (3) years. Section 3 - Vacancies on the Board of Directors shall be filled by the remaining Board mmbers within thirty (30) days, nuch appointees to serve for a term not to next annual meeting of the general rtenbership. AMEN ONT 1V OFFIAND DtTUS: Section 1 - Officers shall be elected from the Board -of Directors and shall -consist of a Chairman, Vice -Chairman, Secretary, arid TYeaaurer- All Officers shall serve for one year and may be re-elect section 4 - The Treasurer shall receive all funds and shall deposit them in a bank dessignatcd by the Board; shall, together with the Chairman or Vice -Chairman, sign all checks; make remittances as required and shall pay authorized bills upon warrants signed by the Chairman. Books shall be audited once each year. lbe'See- retary shall record and kr � -dilutes of Board meetings; stall keep an official record Of the terns of office of Board Mwbers; and 2gform such other Secretarial duties as VASmay be.necessary to conduct the Board's business. OFFICERS AND DUETS: Section 1- - Officers shad:, be elected from the Board of Directors at the first regular meeting of toe Board of the fiscal year, mend shall consist of a Chairman, Vice -Chairman and Secretary -Treasurer. All officers shall serve for one year and may be re-elected. Section 4 - The S©cretary-Treasurer shall receive all funds and shill deposit them in a bank -designated by the Board; shall, together with the Chairman or Vice -Chairman, sign all checks; make remittances as required -and shall pay authorized bill- upon warrants,signed by the Chairman. Books shall be audited once each year. ,s secre- tary, shall record and keep Minutes of Board meetings; shall keep an official record of the terms of office of Board Mambers; shall retain a roll of membership; be custodian of permanent records of the Board and carry on any correspondence necessary. W_KTT_1= OF TILE BOARD: The Board shall meet monthly withspecial meetings to be - WAS called where necessary by the Chairman. Four (4) members shall constitute a quorum. - VI K TINCS OF T)Lm FOARD: The Duard shall meet monthly with special meetings -to be called when necessary by the Chairman. Three (3) members of the Board shall constitute a quorum. 1 RESOLUTION NO. 5540 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFO2NIA, APPROVING AN AGREE1 ENT 3 BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION FOR THE MAINTENANCE AND OPERATION! OF A SENIOR CE14TER AND FOR A NUTRITION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAt-D 5 AGREEMENT. 6 The City Council of the City of Carlsbad, California, does 7 hereby resolve as follows: 8 1. That that certain agreement between the City of Carlsbad 9 and the Carlsbad Senior Citizens' Association for the maintenance 10 and operation of a Senior Center and for a nutrition program, a 11 copy of which is attached hereto marked Exhibit "B" and incorporated. 0.2 herein by reference, is hereby approved. 13 2. That the Mayor of the City of Carlsbad is hereby authorized i4 and directed to execute said agreement for and on behalf of the 3.5 ity of `Carlsbad. 16 PASSED, APPROVED AND ADOPTED at a regular meeting of the City 17 ouncil of the City of Carlsbad, California held,on the 3rd day 18 f October , 1978, by the following vote, to rvit: 19 AYES: Councilmen Packard, Skotnicki, Anear,'Lewis and 20 Councilwoman Casler NOES: None 21 ABSENT: None 22 23 ?4'ATTEST: 25 26 27 RAN LETHA L. RAOTENKZ, City ?8 (SEAL) RONALD C. PACKARD, P1ayor Exhibit "B" to Resolution No.5540 AGREEMENT FOR THE OPERATION AND MAINTENANCE OF A SENIOR CENTER AND FOR A NUTRITION PROGRAM THIS AGREEMENT is made on this 1st day of July, 1978 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-profi-t corporat-ion (hereinafter 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 fifty-five years of age; and :WHEREAS, Contractor is willing to perform certain services # for persons over fifty-five 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 WHEREAS, the City Council has approved the employment of an independant Contractor to provide services in connection with the i City's Senior Citizens' program; NOW, THEREFORE, the parties agree as follows; l > 1. Duties -,of Contractor. Contractor shall carry on a t program of senior citizens activities on behalf of the City of � Carlsbad as follows: + r a. Operate and maintain a Senior Citizens Center i • 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 2. Payment. Payment to the Contractor by the City shall 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 1978-79. Payment shall be made upon receipt by City of a written claim from the Contractor showing the work performed for the previous month. Payment shall not be made until the monthly written report, including financial statements covering the programs receiving financial assistance from the City, has been submitted to the City Manager. 3, Term. The agreemient shall be effective upon the date of execution of this agreement by the Mayor of the City. It shall terminate on June 30, 1979. During said term, this agreement may be terminated at anytime upon thirty days written notice by either party. A. Insurance_. Contractor shall procure and maintain a 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 less than $300,000.00 for injuries or death of any one person and $500,000.00 with respect to any one incident or occurance and to a limit of not less than $100,000.00 for property damage against any and all claims, demands, obligations, liabilities, cause or causes of action by reason of any act or omission by or 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. 4 shall any contractural relationship be created by this agreement between City and any third party. 8. Hold Harmless Agreement_. The City, Its agents, its officers and employees shall not be liable for any claims, liabilities, penalties, fines of 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 caused by, or resulting from, any act or omission of the Contractor or its agents, employees or representatives. Contractor further agrees to indemnify and save free and harmless the City and its authorized agents, officers and employees, against any of the foregoing liabilities and c'iaims 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 monies due or to become due thereunder without prior written consent of the City. 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 contemplPMbd in this agreement without the expressed ! written conserrc of the City. A consent to one subcontract shall not be deell*d to be a consent to any subsequent subcontracts. 10. Notices. All notices required herein shall be in writing r and delivered in person or sent by mail. Notices to City shall be S addressed: City Manager, 1200 Elm Avenue, Carlsbad, California 92008. Notices to Contractor shall be addressed: t