HomeMy WebLinkAboutResolution No. 5560RESOLUTION NO. 5560
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
RE: SENIOR CITIZEN PROGRAMMING (July 1, 1978 to June 30, 1979)
a copy of which is hereby attached and by this reference made a part hereof.
I
I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and
adopted at a regular meeting of the City Council of said City held on
Monday the
following vote, to wit:
sixth day of November , 1978 by the
AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
J NN LEONCINI, tity Clerk
1/78 -CC
AGREEMEN T
THIS AGREEMENT, made and entered into this �.
day of
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 con-
tained, the parties hereto do hereby agree as follows:
1. Contractor shall, in a satisfactory and proper manner as deter-
mined 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 14arin
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 in-
dependent 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 responsi-
bility for employees of Contractor or its delegate agencies.
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 $ 10,575.00 , said sum to be payable on demand as follows, subject
19V, by and between the COUNTY OF
MAR IN,
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 con-
tained, the parties hereto do hereby agree as follows:
1. Contractor shall, in a satisfactory and proper manner as deter-
mined 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 14arin
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 in-
dependent 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 responsi-
bility for employees of Contractor or its delegate agencies.
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 $ 10,575.00 , said sum to be payable on demand as follows, subject
EXHIBIT "B"
PROGRAM BUDGET
NAME: TERRA LINDA SENIOR CITIZEN CLUB, SPONSORED BY THE CITY OF SAN RAFAEL
Line
Item
Marin
County
Grant
City of
San
Rafael
Line
Item
Totals
Value
of
In Kind
enior Citizen
coordinator
$ 640
$ 752
$1,392
lerical Staff
$ 193
$ 227
$ 420
uilding Rental
Includes
aintenance)
$ 552
$ 552
$ 648
ffice Supplies
$ 138
$ 162
$ 300
Lilities
$ 129
$ 111
$ 240
elephone
$ 83
$ 97
$ 180
otals of
$1,735
$1,349
$3,084
$ 648
unding Source
-Z -
to timely receipt of required reports and to compliance with insurance require-
ments as hereinafter provided:
Within
10
days of execution of this Agreement
- $2,643.00
October
2,
1978
- 2,644.00
January 2, 1979 - 2,644.00
April 2, 1979 - 2,644.00
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, 1979. 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, 1979.
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, in-
cluding the United Way, when such funds are provided for the purpose of support-
ing 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 expendi-
ture of funds and the performance of services pertaining to this Agreement.
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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. gone of the services described in Exhibit A shall be subcontracted
nor shall any interest in this Agrement be assigned by Contractor without the
prior written consent of County.
9. Contractor shall not discriminate against anyone employed in
the performance of this Agreement, or against any applicant for employment.
because of sex, race, creed, color, age, national origin, or handicapping con-
dition. This requirement shall apply to, but not be limited to, the following:
employment, upgrading demotion, or transfer; recruitment or recruitment adver-
tising; 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.
11. None of the funds, materials, property or services contributed
by the County or the Contractor under this Agreement shall be used in the per-
formance 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, liabil-
ities 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 and employees as additional insureds during the term of this
Agreement. Prior to payment of any or all claims under this Agreement, Con-
tractor shall provide County with evidence of said insurance by filing with
County and keeping up-to-date a certificate 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.
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14. This Agreement shall continue from July 1, 197£3 to June 30, 1979,
unless earlier terminated as hereinafter provided. Either party hereto shall
have 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 re-
main not yet disbursed by County to Contractor pursuant to this or any sub-
sequent 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.
ss
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:
City of San Rafael - Recreation Dept.
Post Office Box 60, 1400 -5th St.
San Rafael, CA 94902
IIJ WITNESS WHEREOF, the parties hereto have set their hands the
day and year first above written.
ATTEST:.
Clerk
APP OV, S TO FORM:-
/ • /%
RRY ONNI
CITY gTOR1" Y
COUNTY OF MARIN
a
By-
G"AIRMAN of THe �rrciArrr�
PROJEM
CONTRACTOR -
CITY OF SAN RAFAEL
By
MAYOR
ATTEST:
CITY CLERK
EXHIBIT A
PROGRAM DESCRIPTION
1. San Rafael Goldenaires Senior Citizens Organization
618 "B" Street
San Rafael, Ca. 94901
Carol Jacobs-Courtz, Senior Citizens Coordinator
(415) 456-4678
2. City of San Rafael
P.O. Box 60
San Rafael, Ca. 94902
Dennis Jauch, Director of Recreation
(415) 456-1112, Ext. 261
6. A. Services to be offered by the San Rafael Goldenaires include:
1.) Provide information and referral to all Older Adults of existing
services throughout Marin County.
2.) Distribution of the San Rafael Goldenaires monthly Newsette to
all members in the organization. Program includes:
announcements on trips, special events and activities,
classes, health clinics, volunteer services and other
special services in Marin County.
3.) Offering programs and services designed to meet the needs
and desires of the overall membership. The four (4) major
program areas are:
Recreational
Educational
Social
Membership involvement within the organization
and the community.
B. The Geographic Area to be served:
The area served by San Rafael Goldenaires is the entire County of Marin.
C. The number, characteristics and eligibility for clients:
At present, the San Rafael Goldenaires serves approximately fifteen -to
sixteen hundred (1,500 to 1,600) Older Adults in Marin County on a
continuous basis. Over the course of the year, the membership will
flucuate due to year round enrollment.
Members become involved in the organization through the use of the
facility and through participation at monthly membership meetings,
trips, special classes, card groups, volunteer services in the Office
and kitchen, and providing entertainment at special events.
Any male or female, regardless of socio-economic status, over the age
of 55 years who resides in ?,'.grin County is eligible to become a
member of the San Rafael Goldenaires.
D. Client Fee:
Currently, the annual membership fee for the San Rafael
Goldenaires is $3.00 per person. These fees are collected
by the Goldenaires Board of Directors and are deposited
in their treasury. These monies are not included in the
budget.
E. Days and Hours of Program:
The San Rafael Goldenaires facility is in operation Mondays
through Fridays from 10:00AM to 4:00PM.
7. Program Evaluation:
Evaluation of all programs and events are discussed thoroughly
at the monthly Executive Board Meetings. In addition, typed
evaluations are presented to Department Staff on a quarterly
basis.
EXHIBIT A
PROGRAM DESCRIPTION
1. Terra Linda Senior Citizens Organization
670 Del Ganado Road
San Rafael, Ca. 94903
Carol Jacobs-Courtz, Senior Citizens Coordinator
(415) 456-4678
2. City of San Rafael
P.O. Box 60
San Rafael, Ca. 94902
Dennis Jauch, Director of Recreation
(415) 456-1112, Ext. 261
6. A. Services to offered by the Terra Linda Senior Citizens include:
1.) Provide a facility on a weekly basis which includes:
luncheons, special speakers, entertainment, table games,
crafts and other various activities.
2.) Distribution of the Terra Linda Seniors Bulletin on a
monthly basis to all members in the organization. Program
includes: announcements on cooperative trips, special
activities to be held once a week at their meetings
and various articles written by the members themselves.
3.) The four (4) major program areas are:
Social
Recreational
Educational
Membership involvement within the community
and organization.
B. The Geographic Area to be served:
The area served by the Terra Linda Senior Citizens is Marin County,
but mostly in northern San Rafael area.
C. The number, characteristics and eligibility for clients:
At present, the Terra Linda Senior Citizens serves approximately
one hundred (100) Older Adults in Marin County on a continuous
basis. Over the course of the year, the membership will flucuate
due to year round enrollment.
Members become involved through a varied schedule of recreational
and social activities, including trips, speakers, visitation, crafts,
needlewoork, adaptable clothing for the handicapped and special
Senior luncheons.
Membership is open to all interested person over the age of fifty-five
(55) who reside in Marin County, regardless of place of residence.
D. Client Fee:
Currently, the annual membership fee for the Terra
Linda Seniors is $3.00 per person. These fees are
collected by the Terra Linda Board of Directors and
are deposited in their treasury. These monies are
not included in the budget.
E. Days and Hours of Program:
The Terra Linda Seniors facility is in operation
every Tuesday of the month from 10:00AM to 3:OOPM.
7. Program Evaluation:
Evaluation of all programs and events are discussed thoroughly
at the monthly Executive Board Meetings. In addition, typed
evaluations are presented to Department Staff on a quarterly
basis.
EXHIBIT "B"
PROGRAM BUDGET
NAME: SAN RAFAEL
GOLDENAIRES,
SPONSORED BY
THE CITY OF SAN RAFAEL
Telephone
Marin
City of
Line Value
Line
County
San
Item of
Item
Grant
Rafael
Totals In Kind
Senior Citizen
$3,128
$4,692
$7,820
Coordinator
Clerical Staff
$1,456
$2,184
$3,640
Building Rental $3,360 $8,400 $5,040
(Includes Maintenance)
Office Supplies $ 176 $ 224 $ 400
Utilities
$ 480
$ 720
$1,200
Telephone
$ 240
$ 360
$ 600
Totals of
Funding Source
$8,840
$8,180
$22,060 $5,040