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"
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�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)
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RESOLUTION NO._ 5884
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
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CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
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THE CITY COUNCIL of the City of Carlsbad, California, does hereby resolve
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as follows:
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1. That that certain agreement between the City of Carlsbad and the Carls-
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bad Senior Citizens' Association, copy of which is attached hereto marked Exhibit
g
"B" and incorporated herein by reference, is hereby approved. ,
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2. That tF Mayor of the City of Carlsbad is hereby authorized and directed
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,to execute said agreement for and on behalf of the City of Carlsbad.
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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
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following vote, to wit:
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AYES: Councilmen Packard, Skotn icki , Anear and '
Councilwoman Casler
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NOES: None
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ABSENT: Councilman Lewis
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RONALD C. PACKARD, Mayor
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ATTEST:
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ALETHA L. RhUTENKRA Z, City Clerk
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(SEAL)
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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.
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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
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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
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