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HomeMy WebLinkAbout1979-08-21; City Council; 5954; Agreement with Senior Citizens AssociationCITY OF CARLSBAD AGENIDA BILL NO. 9.S �/ Initial: Dept. Hd. DATE: August 21, 1979 C. Atty.� DEPARTMENT: City Manager -'-' C. Mgr. SUBJECT: Agreement with the Carlsbad Senior Citizens' Association Statement of the Matter The City Council appropriated $29,100, in the 1979-80 budget for` Senior Citizens Programs and activities. An agreement between the City of Carlsbad and the Carlsbad Senior Citizens' Association has been prepared and is included in Exhibit "B". Exhibit 1. Memorandum to City Manager, dated August 13, 1979 - Exhibit "A". 2. Agreement between City of Carlsbad and Carlsbad Senior Citizens' Association - Exhibit "B". 3. Resolution No.�. Recommendation It is.recomnended that the City contract with the Senior Citizens' Association for the maintenance and operation of a senior center and other ancillary programs. If Council concurs, they should adopt Resolution No.,,.T , Council Action: 8-21- 79 Council adopted Resolution 5884, approving an agreement between the City and the Carlsbad Senior Citizens` Association to include a change in the liability insurance to not less than one million dollar:.., with the other insurance amounts adjusted accordingly. N August 13, 1979 MEMORANDUM TO: City Manager FROM: Administrative Assistant SUBJECT: 1979=80 Agreement with Carlsbad Senior Citizens' Association Certain sections of -the 1979-80 Agreement between the City of Carlsbad and the Carlsbad Senior Citizens' Association have been amended for clarification. The sections where changes have been made are as follows: (1) Established Programs, (2) Personnel and (3) Senior Center location. In order to expand more fully on the types of programs the Association shall di- rect, Section l,c, has been amended to includg the following programs: (1) Information and Referral, (2) Educational Programs and (3) Social Programs. Changes have been made in two sections dealing with personnel. First, volunteers have always played an important role in the operation of the Senior Center and in the implementation of the various educational and social programs. Therefore, the category "voluntary personnel" has been added to Section l,b of the agreement. Also, at the present time the Association employs a director,a bookkeeper. and personnel to direct some of the programs. In order to include all personnel hired by the Association Section 7, Status of Contractor has been amended to in- clude, "All employees, if any shall be hired and responsible to Contractor." Presently, the Senior Center is located in an office building at 2945 Harding Street. When the Community Center is completed, the Senior Center plans to move into a portion of the former rectory. The allocation of space in the Community Center for senior citizens activities .:as been approved by the City Council. Section 1, a of -the Agreement has been expanded to include Council approval of the location for the operation of the Senior Center. All other sections of the agreement have been 'reviewed. However, it is rec- ommended these sections remain the same as they were in last year's Agreement. Ruth etcher Administrative Assistant EXHIBIT "A" 0 �Z 1200 ELM AVENUE TELEPHONE: CARLSBAD, CALIFORNIA 92008 � i (714) 729.1181 t�itp of �a>•�����r August 24, 1979 Mr. Ray Ede Carlsbad Senior Citizens' Association 2945 Harding St., Suite 109 Carlsbad, CA 92008 The Carlsbad City Council, at their August 21, 1979 meeting approved the agreement with the Carlsbad Senior Citizens' Association. Enclosed please find above -mentioned document, which: has been executed by the City. As soon as you have signed,_please return fully executed document to this office. Also enclosed for your records is a copy of subject agreement and a copy of Resolution No. 5884, approving same. Thank you for your assistance tri this clatter. ALETHA L. RAUTENKRANZ City Clerk AL'R : krs Enclosures (2) I RESOLUTION NO._ 5884 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF 3 CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. 4 5 THE CITY COUNCIL of the City of Carlsbad, California, does hereby resolve 6 as follows: i 7 1. That that certain agreement between the City of Carlsbad and the Carls- 8 bad Senior Citizens' Association, copy of which is attached hereto marked Exhibit g "B" and incorporated herein by reference, is hereby approved. , 10 I' 2. That tF Mayor of the City of Carlsbad is hereby authorized and directed .11 ,to execute said agreement for and on behalf of the City of Carlsbad. 12 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the• O,3ICity of Carlsbad, California held on the 21511 day of August- , 1979, by the 14, 3.4 following vote, to wit: 25 AYES: Councilmen Packard, Skotn icki , Anear and ' Councilwoman Casler 16 NOES: None 17 ABSENT: Councilman Lewis 18 RONALD C. PACKARD, Mayor 29 j 20 ATTEST: �i 21 li 22 ALETHA L. RhUTENKRA Z, City Clerk 23- 24 (SEAL) 25 26, ?.7 28 Exhibit "B" Resolution No. .5 884 AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION. THIS AGREEMENT is made on this 1st day of July, 1979 between the City of Carlsbad, a municipal corporation of the State of California (hereinafter re- ferred to as "City") and the CARLSBAD SENIOR CITIZENS' ASSOCIATION, a non- profit corporation (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 willirg-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 City's Senior Citizens' program; NOW, THEREFORE, the parties agree as follows: 1. Duties of Contractor. Contractor shall carry on a program of senior citizens activities,on behalf of the City of Carlsbad as follows: a. Operate and maintain a Senior Citizens Center open to the ,public, cu be open five aays per week, Monday through Friday, eight hours per day. Access into these offices are to be free of physical barriers and are to be suitably furnished to insure comfort to older and handicapped persons. The Senior Center shall operate in space approved or allocateo,py the City Council. b. Employ or have voluntary competent personnel to properly carry on the activities contemplated by this agreement. c. Direct established "programs of stated objectives, including methods by -thich objectives are to be accomplished. The established pro- n-ams to include: (1) Information and Referral, (2) Educational Pro^rams and (3) Social Programs. d. De t.; new programs to meet the established needs of senior citi- zens. Proposals to include needs assessment, goals, objectives, action steps and evaluation procedures for each program. e. Submit an "Annual Statement of Carlsbad Senior Citizens' Associ- atior. Services to the City," outlining the specific scope and nature of services to be rendered. t f. Submit written reports to the City Manager on a monthly basis of all activities and programs involving senior citizens relating to the Senior Citizens' Center, including the activities of the full- time executive director. These reports shall be due by the 15th of the month for the preceding month. g. Publicize the availability of services and activities on an ongoing basis by all means available. Copies of publicity material will be filed with monthly report to the City Manager. 2: Payment. Payment to the Contractor by the City shall be made at the rate of one -twelfth of the amount approved by the City Council during fiscal year 1979=80. Payment shall be made upon receipt by City of a written claim ;•rom the Contractor showing the work performed for the previous month. Payment shall not be made until the monthly written report, including financial statements cover- ing the programs receiving financial assistance from the City, has been submitted to the City Manager. 3. Term. The agreement shall be effective upon the date of execution of this agreement by the Mayor of the City. It shall terminate on June 30, 1980. During said term, this agreement may be terminated at anytime upon thirty days written notice by either party. 4. 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 $1,000,000.00 for injuries or death of any one person and $1,000,000.00 with respect to any one incident or occurance and to a limit of not less than $500,000.00 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. 5. Equipment Inventory. City may assign certain City owned equipment to Contractor. Contractor shall be responsible for :.11 assigned City equipment and shall submit an inventory of all items to the City Manager as a part of the last monthly report for 1980 or any subsequent years if this agreement is renewed. Contractor shall immediately return any such equipment to City upon receipt of written request therefo­ from the City Manager. 6. Renewal. This agreement may be renewed for fiscal year 1980-81, and for any subsequent fiscal year in accord with the terms of this section. If the Con- tractor desires to renew he shall so indicate in writing to the City Manager not later than April 1st of each year. The Annual Statement of Carlsbad Senior Citizens' Association Services to the City and a proposed budget for the renew- al. The proposed budget shall be divided into three general categories: Personnel Services; Maintenance and Operation; and Capital Expenditures. If the City desires to accept the renewal that action shall be effective upon approval of porposed 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 do employee of the City, and shall be under the control of theCity only as to the result to be accomplished. All employees, if any, shall be hired by and responsible to Contractor. No employee of the Con- tractor is, for any purposes arising out of this agreement, an employee of the City of Carlsbad. In no evert 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 employ- ees shall not be liable for any claims, liabilities, penalties, fines of for any damage to goods, properties or effects of any person whatever, or pe,.,.onal in- juries to or death of them or an,- 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 indem- nify and save free and harmless the City and its authorized agents, officers and employees, against any of the foregoing liabilities 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 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 contemplated in this agreement without the expressed written consent of the City. A consent to one subcontract shall not be deemed to be a consent to any subsequent subcontracts. 10. Notices. All notices required herein shall be in writing and delivered in person or sent by mail. Notices to City shall be addressed: City Manager, 1200 Elm Avenue, Carlsbad, California 92008. Notices to Contractor shall be addressed: President, Board of Directors The Carlsbad Senior Citizens' Association 2945 Harding Street Carlsbad, California 92008 i . . IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, j A Municipal Corporation of the State of California a By _ NALD C. PACKARD, Mayor ATTEST: XLETHA L. RAUTENKRANZ, City Cler CARLSBAD SENIOR CITIZENS' ASSOCIATION, A Non -Profit Corporation By APPROVED AS TO FORM: C N F. D0, . City Attorney OV ,.I=