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Home My WebLink About1987-09-01; City Council; Resolution 92141 2 a b 4 E U E 7 E 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9214 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 DELINEATING RESPONSIBILITIES OF EACH ORGANIZATION IN PROVIDING SERVICES TO SENIOR CITIZENS. WHEREAS, the City of Carlsbad and the Carlsbad Senior Citizens' Association, hereinafter referred to as C.S.C.A., desires to provide services to senior citizens of Carlsbad, and WHEREAS, each organization has specific responsibilities in the provision of such services, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the City Council approves this agreement between the City of Carlsbad and the C.S.C.A. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 1st September , 1987 by the following vote to wit: day of AYES: Council Members Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT : Council Member Lewis , Mayor ANN J. KULCHIN, Mayor fro-Tem ATTEST : QDZtL R.Rd?L ALETHA L. RAUTENKRANZ , City klerk (SEAL) .- 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 t'Cityll and Carlsbad Senior Citizens Association, Inc., a California corporation, hereinafter called "CSCA" . WITNESSETH WHEREAS, the City and CSCA wish to provide social and recreational services to the Carlsbad Senior Citizens; and The City owns a certain building located at 3096 Harding and is known as Harding Community Center. This certain building is currently used for City park and recreational purposes, and by the CSCA to provide senior services; and WHEREAS, use of certain portions of Harding Community Center by the City and CSCA will benefit the public health and welfare and enhance the parks and recreation programs of the City for the benefit of the general public and the Carlsbad Senior Citizens. THEREFORE, it is agreed as follows: 1. CSCA PROGRAMS CSCA agrees to provide and take full responsibility for the following programs with the assistance of the City. A. Bingo - The profits from binqo will be used to finance programs and activities of the CSCA. conformed to. All applicable rules and laws will be -1 - 6. Newsletter - Monthly publication distributed to those who subscribe. City staff will assist with subscription renewals. C. Other Fundraising Activities - Profits will go to offset CSCA operations and benefit senior programs in Carlsbad. 2. CITY PROGRAMS The City will coordinate all other programs for the benefit of senior citizens in the Carlsbad area. 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. auditorium at Harding Community Center for bingo, they shall pay the costs for When CSCA uses the the Facility Attendant. 4. PERSONNEL The City will hire a Senior Citizen Coordinator to direct the programs offered by the City. will hire staff and/or utilize volunteers for the coordination of their CSCA will no longer employee an Executive Director but programs. 5. FACILITIES The CSCA shall be provided space within an office at the Senior Center, which they may utilize to carry out their operations. Scheduling for the use of such space shall be developed in conjunction with the City of Carlsbad. 6. BUSINESS USE CSCA shall not allow any business or commercial venture to use those portions of the Harding Community Center utilized by the CSCA. -2- 7. PUBLIC USE All activities conducted by the CSCA at the Harding Community Center shall be open to the members of CSCA and to the general public. 8. FEES - CSCA may charge a fee to persons participating in CSCA activities conducted at the Harding Community Center. The amount of such fees shall reasonably relate to the cost of the CSCA for conductinu such activity and shall be approved in advance by the Parks and Recreation Director or his desiqnee. 9. COMPLIANCE CSCA agrees to comply with all applicable laws and will not erect any sign or install any fixture without the prior written consent of the City. 10. ASSIGNMENT CSCA shall not assign or otherwise transfer its rights and privileges arising from this agreement. 11. REPAIRS AND MAINTENANCE City shall make all required repairs to Harding Community Center. 12. ALTERATIONS CSCA shall make no alterations to Harding Community Center or the Harding Community Center property without prior consent of the City. 13. UTILITIES The utilities, including water, shall be paid for by the City. The CSCA will, however, pay for their own long distance telephone calls. 14. SERVICES In order to provide funds for the operation of the CSCA's programs, the CSCA may establish civic and other services at Harding Community Center provided that the operation of such services does not significantly interfere with the -3- .-. provision of social and recreational services and programs. developed in cooperation with the Senior Citizen Coordinator. 15. RENTAL Services shall be For the use of Harding Comumnity Center as described herein during the term, the CSCA shall pay to the City the sum of $1.00 annually due and payable on the date of execution of this agreement by the City and annually on the anniversary date of the agreement, unless the aqreement is otherwise terminated. 16. HOLD HARMLESS CSCA agrees to hold City totally harmless for all costs, expenses, claims and liability arising out of CSCA's use of the Harding Community Center. To substantiate CSCA's ability to comply with this provision, CSCA shall maintain a policy of liability and property insurance with limits of S1,000,000.00 and naming the City as an additional insured and shall carry a policy of worker's compensation insurance covering any and all of the CSCA's employees. The CSCA shall also provide adequate insurance to cover any injury occurring to a volunteer providing services to the CSCA and arising out of the provision of that service. The insurance policies are subject to approval by the City. The CSCA shall be responsible for ensuring that the Harding Community Center is maintained in a safe condition and shall immediately inform the City of any condition which may render the building or any portion of the property unsafe. 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 - 4- r * 0 e L paragraph either party may terminate this agreement at any time by aivina ninety (90) days prior notice to the other. 18. KEYS Association shall provide the Senior Citizen Coordinator with two sets of keys to all locks installed by the CSCA on the premises, except keys for any safe or safety box. 19. PRIOR AGREEMENTS All prior agreements between the City and the Association are superseded by this agreement and shall be of no further force or effect. EXECUTED THIS & day of &&A/ , 1987, by the parties as / follows: CITY OF CARLSBAD, California, a municipal corporation UA ATTEST : 4CL’3 ‘\ j CLAlJDE A. LEW Mayor ANN J. KULCHIN, Mayor Pro-Tem c CARLSBAD SENIOR CITIZENS ASSOCIATION, INC., a California corporation By: Chairperson APPROVED AS TO FORM: Y City Attorney -5-