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HomeMy WebLinkAbout1997-08-26 - AGENDA REPORTS - AGING AGREEMENT (2)AGENDA REPORT 11 City Manager Approval Item to be presented 4& Rick Putnam CONSENT CALENDAR DATE: August 26, 1997 SUBJECT: SANTA CLARITA VALLEY COMMITTEE ON AGING AGREEMENT DEPARTMENT: Parks, Recreation, and Community Services As part of the City's 1997/98 budget, City Council allocated $150,000 to the Santa Clarita Valley Committee on Aging. This year's appropriation will provide the Senior Center with a broad range of recreational, health, and wellness programs for the community's senior citizens. These programs promote socialization, leisure activities, intergenerational activities, and the concept of life-long learning. Pursuant to City Council approval, this year's appropriation includes an addition of $50,000 over previous year's "base budget" amount, as requested by the Committee on Aging. The attached agreement details the scope of services provided and corresponding budget of expenditures. The City will make two payments of $75,000 each from account number 7100- 8001. The first payment shall cover services provided during the period of July 1, 1997 through December 31, 1997, with the second payment covering the period of January 1, 1998 through June 30, 1998. RECOMMENDATION City Council approve the agreement between the City of Santa Clarita and the Santa Clarita Valley Committee on Aging in the amount of $150,000, and authorize the City Manager to execute all documents thereto. ATTACHMENTS Santa Clarita Committee on Aging Agreement PRCOUNCIL\agscvc 897 INNER, 1100 11 C-1 iz!rl CITY OF SANTA CLARITA AGREEMENT THIS AGREEMENT, dated for purposes of identification only this day of , is made and entered into by and between the: CITY OF SANTA CLARITA, a municipal corporation, hereinafter referred to as `CITY,' and The Santa Clarita Valley Committee on Aging (SCVCOA), hereinafter referred to as "RECIPIENT." 1'i WHEREAS, the CITY supports opportunities for recreational and wellness programs for seniors of the Santa Clarita Valley; and WHEREAS, the CITY has appropriated $150,000 in Fiscal Year 1997/98 annual funds to provide SCVCOA Senior Center recreational and wellness programs for Santa Clarita seniors; ... WHEREAS, RECIPIENT represents that it is capable of providing such services. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. CITY agrees to give to RECIPIENT and the RECIPIENT agrees to accept from CITY the City approved amount of $150,000, to be distributed in two equal payments of $75,000 each, which shall constitute full and complete compensation for RECIPIENT's services under Page 1 this agreement. The first payment shall cover the period of July 1, 1997 through December 31, 1997, with the second payment covering the period January 1, 1998, through June 30, 1998. Expenditures made by the RECIPIENT in the implementation of this agreement will be made for the purpose of providing the services as listed in Exhibit A, Scope of Services, and Exhibit B, Budget. 2. RECIPIENT shall provide the City a detailed listing of proposed expenditures (Exhibit B, Budget); quarterly statistical reports on number of seniors served, including a comparison to prior years; a final year-end statistics report in narrative form providing description of services provided, success of program during the term of the agreement; and a copy of the agency's single independent audit report. 3. RECIPIENT agrees that CITY may, at any time, audit any and all of RECIPIENT's books, documents, or records relating to this Agreement. 4. RECIPIENT agrees to indemnify, defend (with counsel at CITY s option), and hold harmless CITY, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, actions, liability, or consequential damages arising from bodily injury, death, or property damage arising out of the negligent acts or omissions of RECIPIENT in its performance or failure to perform, under the terms of this agreement. 5. Without limiting CITY's right to indemnification, it is agreed that RECIPIENT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage if applicable, and consistent with standards in such agencies as follows: A. Workers' Compensation Insurance as required by California statutes or qualified self insurance as allowed under California law; Page 2 B. Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, Broad -Form Property Damage (if applicable) and Independent Contractors' Liability (if applicable), in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit. C. Comprehensive Automobile Liability coverage, if applicable, including owned, non -owned and hired autos, in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit. D. Professional Liability Insurance coverage, if applicable, in an amount not less than one million dollars ($1,000,000.00), and RECIPIENT shall maintain such coverage for at least one (1) year from the termination of this Agreement. 6. C1TY's Risk Manager is hereby authorized to reduce the requirements set forth above in the event he or she determines that such reduction is in CITTs best interest. 7. Each insurance certificate provided under this Agreement shall contain clauses of substantially the following form and content: "This insurance shall not be canceled, reduced in scope or coverage below that required herein, or non -renewed until after thirty (3 0) days' prior written notice has been given to the City Clerk, City of Santa Clarita, 23920 Valencia Boulevard, Santa Clarita, CA. 91355." "It is agreed that any insurance maintained by the City of Santa Clarita shall apply in excess of and not contribute with insurance provided by this policy." Page 3 A certificate of insurance naming the City of Santa Clarita, its officers, agents, employees, representatives and volunteers shall be provided before execution of this Agreement. Prior to the execution of this Agreement, RECIPIENT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. In addition to any other remedies. CITY may have if RECIPIENT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option: A. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; B. Order RECIPIENT to stop work under this Agreement and return any portion of the unused grant, and/or withhold grant due to RECIPIENT until RECIPIENT demonstrates compliance with the requirements hereof; C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for RECIPIENT's failure to maintain insurance or secure appropriate endorsements. 8. The RECIPIENT agrees that the City requires accounting records be maintained in a manner consistent with acceptable general accounting principles, and that the City may, at any time, audit and all RECIPIENT'S books, documents, or records relating to this agreement. Page 4 . 9. Nothing herein contained shall be construed as limiting in any way the extent to which RECIPIENT may be held responsible for payments of damages to persons or property resulting from RECIPMNT's or its subcontractors performance of the work covered under this Agreement. 10. This agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the services by the RECIPIENT for CITY and contains all of the covenants and agreements between the parties with respect to the rendering of such services in. any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements; promises, or agreements, either orally or otherwise, have been made by any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged. 11. The period of this Agreement shall extend from the effective date and expire June 30, 1997. 12. RECIPIENT agrees that funds shall be disbursed or encumbered no later than June 30, 1997, and that any and all funds. remaining as of June 30, 1997, which have not been disbursed or encumbered shall be returned to CITY. 13. RECIPIENT agrees to indemnify and hold CITY, its officers, agents and employees harmless from any and all claims of the United States of America for reimbursement of funds or any portion thereof due to the improper use of funds. 14. Notices and communication concerning this Agreement shall be sent to the following addresses: Page 5 City of Santa Clarita SCV Committee on Aging Corporation Parks, Recreation and Santa Clarita Valley Senior Center Community Services Dept. 22900 Market Street 23920 Valencia Blvd., Ste. 120 Santa Clarita, Ca 91321 Santa Clarita, CA 91355 Attention: Rick Putnam Attention: Brad Berens 15. The effective date of this Agreement shall be the latest date of execution hereinafter set forth opposite the names of the signatories hereto. In the event RECIPIENT fails to set forth a.date of execution opposite the name(s) of AGENCY's signatory, RECIPIENT hereby authorized CITY, by and through its representative, to insert the date of execution by RECIPMNT's signatory(s) as the date said Agreement, as executed by RECIPIENT, is received by CITY. Page 6 IN WITNESS WBEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth. DATE OF EXECUTION APPROVED AS TO FORM: CARL NEWTON, CITY ATTORNEY By Date PECOMMSEEV%.nnt,.w Page 7 CITY OF SANTA CLARITA a municipal corporation By City Manager ATTEST: City Clerk RECIPIENT By_� Title //�� Agency Se V �+hl�yeP S�+