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HomeMy WebLinkAbout1995-08-08; City Council; 13264; AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION8 v & ad < .. z 2 4 =i 0 z 3 0 0 !3 C OF AB#- !!: AGREEMENT BETWEEN THE CITY OF CARLsBAD DEPT. t CITY A1 CITY Mc MTG. 8/8/95 AND THE DEPT. RECOMMENDED ACTION: CARLSBAD SENIOR CITIZENS' ASSOCIATION cs City Council adopt Resolution No. 's'pproving the amended Agreement with the Carlsbad Senior Citizens' Association, Inc. (CSCA). ITEM EXPLANATION: For many years the City of Carlsbad has had an Agreement with the Carlsbad Senior Citizens' Association. This Agreement outlined the responsibilities of each organization relating to financing of programs, and provision of senior services. The last amendment to the Agreement was in 1987 when the City became the lead agency providing Senior services in Carlsbad. At that time the Senior Center was located at 3096 Harding Street. The attached Agreement (Exhibit 2) has not changed significantly in content since the previous Agreement was approved in 1987. The subject Agreement was prepared to reflect the present location of the Senior Center at 799 Pine Avenue. The Carlsbad Senior Citizens' Association Board of Directors has reviewed approved and signed the Agreement. SENIOR COMMISSION RECOMMENDATION: At their meeting July 6, 1995, the Senior Commission voted unanimously tc recommend approval of the revised Agreement between the City of Carlsbac and CSCA. FISCAL IMPACT: None EXHIBITS: 1. Resolution No. 9s-223. 2. Agreement 1 2 3 4 5 ' 7 8 9 10 11 12 I.3 14 15 16 17 18 19 m 0 RESOLUTION NO. 95-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION. WHEREAS, the City of Carlsbad and the Carlsbad Senioi Citizens' Association, hereinafter referred to as CSCA, desires to providc services to senior citizens; and, WHEREAS, each organization has specific responsibilities in tht provision of such services; NOW, THEREFORE, BE IT RESOLVED by the-City Council of the City o Carlsbad as follows: 1. Carlsbad and the CSCA. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Counc That the City Council approves this agreement between the City c of the City of Carlsbad held on the 8th day of AUGUST * 1995 by the following vote, to wit: AYES: Council Members Lewis, Nygaasd, Kulchin, Finnila, 21 2o 22 23 24 25 26 27 28 NOES: None ABSENT: None I ATTEST: ANZ, City Clerk tant City Clerk (SEAL) 0 0 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 l1 City" and Carlsbad Senio Citizens' Association, Inc., a California corporation, hereinafter called l1 CSCA" RECITALS WHEREAS, the City and CSCA wish to provide social and recreationi services to the Carlsbad Seniors; and WHEREAS, the City owns a certain building located at 799 Pine Avenu and is known as the Carlsbad Senior Center. This certain building is current1 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 followin programs with the guidance of the City. A. Bingo - The profits from Bingo will be used to finance programs an activities of the CSCA. All applicable rules and laws will k conformed to. B. Newsletter - Monthly publication distributed to those wt subscribe. City staff will assist with subscription renewals. Ci sponsored senior activities and programs shall be published in tt newsletter at no cost to the City. C. Other Fundraising Activities - Profits will go to offset CSC operations and benefit senior programs at the Carlsbad Seni Center. Activities will be developed and scheduled in collaboratii with the Senior Center Coordinator. 2. CITY PROGRAMS The City will coordinate all other programs for the benefit of seniors in t Carlsbad area. 1 e 0 3. 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 - all costs and supplies relating to their operation. Additionally, CSCA shall pay for any long distance phone calls placed from Senior Center. 4. 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 theit programs. 5. FACILITIES The CSCA shall be provided an office at the Senior Center, which the) may utilize to carry out their operations. Scheduling for the use of suct space shall be developed in conjunction with the Senior Cente Coordinator. Any other use by CSCA of any portion of the Senior Cente facility shall require an approved facility use application. 6. BUSINESS USE CSCA shall not allow any business or commercial venture to use thosl portions of the Senior Center utilized by the CSCA. 7. PUBLIC USE All activities conducted by the CSCA at the Senior Center shall be ope1 to all seniors (persons 55 years of age or older). 8. FEES CSCA may charge a fee to persons participating in CSCA activitie conducted at the Senior Center. The amount of such fees sha reasonably relate to the cost of the CSCA for conducting such activit and shall be approved in advance by the Community Services Director c his designee. 9. COMPLIANCE CSCA agrees to comply with all applicable laws and will not erect ar sign or install any fixture without the prior written consent of the City IO. ASSIGNMENT CSCA shall not assign or otherwise transfer its rights and privilege arising from this agreement. 2 0 0 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 Centc property without prior written consent of the City. 13. UTILITIES The utilities, including water, shall be paid for by the City. The CSC, will, however, pay for their own long distance telephone calls. Shoul CSCA install a phone in their office area, all costs relating to installatior repair service and monthly fees will be paid by CSCA. 14. RENTAL For the use of the Senior Center as described herein during the tern CSCA shall pay to the City the sum of $1 .OO annually due and payab on the date of execution of this agreement by the City and annually c the anniversary date of the agreement, unless the agreement is otherwis terminated. 15. INSURANCE CSCA shall obtain and maintain for the duration of the agreement liabili and property insurance against claims for injuries to persons or damas to property which may arise or in connection with the use of the Senil Center. Said insurance shall be in the amount of $1 million, naming tt City as an additional insured. Said insurance shall be obtained from i insurance carrier admitted and authorized to do business in the State 1 California. The insurance carrier is required to have a current Best's Kc Rating of not less than "A-:V" and shall meet the City's policy f insurance as stated in Resolution No. 91-403. CSCA shall also provii adequate insurance to cover any injury occurring to a volunteer providii services to CSCA and arising out of the provision of that service. TI insurance policies are subject to approval by the City. CSCA shall I responsible for informing the City of any condition which may render tl Senior Center building or any portion of the property unsafe. ?# 3 0 0 16. H-0L-D HARMLESS The City, its elected and appointed officers, volunteers and ernployees 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 4 e 0 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. ;I -lgg5, by the EXECUTED THIS pa/ day of parties as follows: CITY OF CARLSBAD, California, ATTEST: ,-' f-y-.JLr- %LETH)~/L. AY@NKRANZ Cit Clerk Mayor Kkl?3Z R. KUNDZ'Z, Assistant City Clerk CARLSBAD SENIOR CITIZENS' ASSOCIATION, INC. a California Corporation APPROVED AS TO FORM: President/ RONALD !jJL'L <J\L R. BALLG Px P4- City Attorney /# 5