HomeMy WebLinkAboutResolution No. 5964RESOLUTION NO. 5964
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
County of Marin: Con=ity Contract Service Agreement for funding the Terra
Linda Senior Citizens Program for July 1, 1980 through June 30, 1981.
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a regular meeting of the City Council of said
City held on Tuesday the 2nd day of September
19 80 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMENIBERS: None
ABSENT: COUNCILMEMBERS: Nixon
ANNE M. LEONCINI, City Clerk
A�l
TEh LINDA SENIOR CITIZENS PROGRAM
COMMUNITY CONTRACT SERVICE
AGREEMENT
THIS AGREEMENT, made and entered into this / Q,
to be filled in by County
day of 1980, by and between the COUNTY OF MARIN, a political
subdivision of the State of California, hereinafter referred to as "County,"
and City of San Rafael , hereinafter referred
to as "Contractor,"
W I T N E S S E T H:
In consideration of the mutual promises and covenants hereinafter
contained, the parties hereto do agree as follows:
1. Contractor shall, in a satisfactory and proper manner as determined by
County, supply all necessary facilities, supplies and staff required for
satisfactory performance of, and shall perform those certain services described and
set forth in, the Program Description attached hereto as Exhibit A and made a part
hereof. Said program shall be available to any resident of Marin County who is
eligible under the standards specified in Exhibit A.
2. The parties hereto agree that this Agreement shall not be construed as
creating an employment or agency relationship, but that Contractor is an independent
contractor. In this connection, all personnel staffing the programs enumerated
herein shall be employees of Contractor or its delegate agencies. It is understood
and agreed that County shall have no direct control of or responsibility for
employees of Contractor or its delegate agencies.
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3. In consideration of Contractor operation of the aforesaid services,
County agrees to pay Contractor or its designated fiscal agent the sum of not to
exceed $ 2,049.00 , said sum to be payable on demand as follows, subject to
timely receipt of required reports and to compliance with insurance requirements as
hereinafter provided:
Within 10 days of execution of this Agreement - $ 512.25
October 1, 1980
January 2, 1981
April 1, 1981
- $ 512.25
- $ 512.25
- $ 512.25
Payments due under the above schedule shall be reduced, however, by any payments to
Contractor by County made prior to execution of this Agreement in support of the
program or programs enumerated herein.
4. Contractor shall expend the funds in accordance with the Program
Budget attached hereto as Exhibit B and made a part hereof and shall submit to
County quarterly financial reports showing expenditures of the funds payable
hereunder on behalf of the various programs. Contractor shall render a final
accounting not later than July 15, 1981. Should Contractor's expenditure of County
funds hereunder be less than the amount payable hereunder, Contractor shall return
the difference to County not later than August 1, 1981.
5. Contractor agrees that the amount specified in paragraph 3 above shall
be reduced by the amount of any funds not specified in Exhibit B received by
Contractor from any governmental body or public or private organization, including
the United Way or the San Francisco Foundation, when such funds are provided for the
purpose of supporting the identical program and level of service described in the
attached Exhibit A. Contractor further agrees that it shall promptly report the
receipt of any such funds to County.
6. Contractor shall maintain on a current basis complete program and
financial records and accounts, to assure proper accounting of the expenditure of
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funds
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funds and the performance of services pertaining to this Agreement. Contractor
shall retain said records for three years after the expiration or termination of
this Agreement unless permission to destroy them is granted in writing by County.
7. Should County wish to do so, it may undertake an independent audit
and/or evaluation, of Contractor's records and accounts of expenditures and program
activities at its own expense, and Contractor agrees to furnish all items necessary
in County's discretion to complete said audit and/or evaluation, subject to
restrictions on confidentiality as may be required by law. Said audit and/or
evaluation may include but shall not be limited to the expenditure or receipt of
program funds, program quality, the number and service characteristics of
Contractor's clientele, and the relationship of Contractor's services to services
provided by other agencies in the community.
8. None of the services described in Exhibit A shall be subcontracted nor
shall any interest in this Agreement be assigned by Contractor without the prior
written consent of County.
9. The County of Marin and its contractors and/or sub -contractors will
not discriminate against any individual employed in the performance of this
Agreement, or against any applicant for employment, based on sex, race, creed,
color, age, national origin, or handicapping condition. This requirement shall
apply to, but not be limited to, the following: employment, upgrading, demo.tion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including
apprenticeship.
10. Contractor shall, in the performance of this Agreement, comply with
all applicable laws, ordinances, regulations and codes of the Federal, State and
local governments.
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11. None of the funds, materials, property or services contributed by the
County or the Contractor under this Agreement shall be used in the performance of
this Agreement for any partisan political activity, to further the election or
defeat of any candidate for public office, or for any religious worship, instruction
or proselytization.
12. Contractor shall indemnify, defend and hold harmless the County of
Marin, its officers, agents and employees, from any and all claims, liabilities or
causes of action, including contractual claims for injuries or death to persons, or
damage to persons or property, arising out of or in connection with the
organization, promotion or operation of any program funded pursuant to this
Agreement. In this connection, Contractor agrees to maintain public liability
insurance with limits of $100,000 per person and $300,000 per accident for bodily
injury, and $25,000 for property damage, naming the County of Marin and its
officers, agents and employees as additional insureds during the term of this
Agreement. Prior to payment of any or all claims under this Agreement, Contractor
shall provide County with evidence of said insurance by filing with County and
01
keeping up-to-date a certificare by the insurer to the effect that the insurance
required by this Agreement is extended in favor of "the County of Marin, its
officers, agents, and employees." Said certificate shall further state the
insurance policy number, the effective dates (both commencement and expiration) of
the policy, the kinds and levels of insurance provided, and that the policy provides
that notice of cancellation, termination, or any material change in coverage shall
be delivered to County ten (10) days in advance of the effective date of such
cancellation, termination or change.
13. This Agreement, including the Exhibits attached hereto and made a part
hereof, can be amended only by written agreement of the parties hereto.
14. This Agreement shall continue from July 1, 1980 - June 30, 1981
unless earlier terminated as hereinafter provided. Either party hereto shall have
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the right to terminate this Agreement at any time upon giving the other party hereto
at least 30 days' written notice prior to the effective date of such termination.
In the event of termination, then County's obligation to Contractor hereunder shall
terminate forthwith, and Contractor will no longer be obligated to operate said
programs, with the exception that Contractor will still be obligated to provide
and/or maintain the reports and audits provided for in Sections 4, 6 and 7.
15. Without prejudice to the foregoing, Contractor agrees that if, prior
to the termination or expiration of this Agreement, it is determined by County, upon
any final or interim audit by County, that Contractor shall have failed in any way
to comply with any requirements of this Agreement, then Contractor shall forthwith
bring itself into compliance and shall pay to County forthwith whatever sums are so
disclosed to be due to County or shall, at County's election, permit County to
deduct such sums from whatever amounts -remain not yet disbursed by County to
Contractor pursuant to this or any subsequent Agreement; or if this Agreement shall
have terminated or expired, and it shall be disclosed upon such audit, or otherwise,
that such failure shall have occurred, the Contractor shall pay to County forthwith
whatever sums are so disclosed to or determined by County to be due to County. In
the event of litigation between County and Contractor arising out of this Agreement,
the prevailing party shall be entitled to recover its attorneys' fees from the other
party in such an amount as may be fixed by the court.
16. This Agreement shall not be assigned without the prior approval of the
Board of Supervisors of the County of Marin.
17. Notice under this Agreement shall be delivered to County in care of
its:
Department of Health & Human Services
Room 284, Civic Center
San Rafael, CA 94903
and to Contractor at:
MGM
1400 FIFTH AVENUE
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first above written.
ATTEST:
Clerk
APPROVED AS TO FOIA:
EMM A DUGGAN, C7 ATTORNEY
COUNTY OF MARIN
CONTRACTOR
CITY OF SAN RAFAEL _
Agency Name
Signature and Title
MAYOR
ATTEST:
GTANNE M. LDONCINI, CITY CLERK
r'
EXHIBIT A
PROGRAM DESCRIPTION
1980-1981
1. Terra Linda Senior Citizen Organization, Inc.
670 Del Ganado Road
San Rafael, Ca. 94903
Carol Jacobs-Courtz
(415) 456-4678
2. City of San Rafael
Post Office Box 60
San Rafael, Ca. 94902
Dennis Jauch, Director of Recreation
(415) 456-8330
3.
SAN RAFA EL
CITY COUNCIL
SA,? RAFAEL PARKS Fc
RECREATION CO'31ISSION
SAN RAFAEL
CITY VMIAGER
DIRECTO:, OF SAN
Rt:FtiEL RECREATIOII
TERRA LIIfDA SENIORS
S EIIIOR CITIZEN CCORD! "TOR
TE'R0A T, A SEid101'
CITIZE_;S
TEPP k LINDA SENIOR CITIZE'iS
EXEC'JTIVE BJARD
Page 2
Program Description
Terra Linda Senior Citizens
4. The San Rafael City Council meets on the 1st and 3rd ilonday of each month at
8:00 P.M. at City Hall, Council Chambers, 1400 Fifth Avenue, San Rafael.
Mayor - Lawrence E. Mulryan
Council Members - Dorothy Breiner
Fred Jensen
John I-diskimen
,Tack Nixon
City Manager - Raymond tfleador, Acting City Manager
5. Yes. The City of San Rafael is incorporated.
6. A. Services provided by the Terra Linda Senior Citizen Organization include:
-Recreational and Educational Services
1. Exercise Class
2. Volunteer Searing Circle
3. Low Cost Trios - Day and Overnight
4. Guest Speakers
-Social gents
1. Bingo Games
2. Entertairu-ent
3. Table GaI^.es
4. Weekly Meetings
5. Luncheons
6. Annual Than'_.sg,iving Party
7. Annual New Year's Day Party
B. The geographic area served by the Terra Linda Senior Citizens is Marin
County, but mostly in northern San Rafael.
C. At present, the ^erra Linda Senior Citizen Organizations serves approximately
125 older adul's in Marin County on a continuous basis. Over the couse of v
the year, the ma-bershia will fluctuate due to year-round enrollment.'
D. Currently, the annual membership fee for the Terra Linda Senior Citizens is
,;.00 per :erscn. These fees are collected by the Terra Linda Board of
Directors an are deposited in their treasury. These monies are not
included in the budget.
E. The Terra Linda Senior Citizen Organization meet every Tuesday from 10:00 AM
until 3:00 PNI.
7. Evaluation of all 7:-_022-aias and objectives are discussed thoroughly at the monthly
L::ecutive EoarQ In addition, typed cYtlluations are presented to
de_)artment staff on a quarterly basis.
PROGRAM & AGENCY 13LIDGEP - FY 1980-81
`�:`-'•IE: TERRA LINDA SENIOR CITIZENS ORGANIZATION, SPO.ISORED BY THE CITY OF SAN RAFAEL
Marin
City of
Terra Linda
Line
Value
Line.
County
San
Seniors
Item
In
Item
Grant
RaCacl
Donation
Totals
Kind
Senior Citizen
Coordinator
$1,200.00
$2,500.00
$3,700.00
Building Rental
(includes
;•:aintenance)
679.00
911.00
1,590.00
$520.00
Office Supplies
70.00
80.00
150.00
U'-�ilities
80.00
80.00
160.00
elephone
20.00
110.00
60.00
insurance
37.00
90.00
127.00
1
Totals
_vim? S OL
Funding Sources
$2,019.00
`3,648.00
$90.00
$5,787.00
$520.00