HomeMy WebLinkAbout1998-08-25 - AGENDA REPORTS - SCV AGING AGMT (2)AGENDA REPORT
City Manager Approv
Item to be presented by:Rick Putnam
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DATE: August 25, 1998
SUBJECT: SANTA CLARITA VALLEY COMMITTEE ON AGING AGREEMENT
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
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, subject to City Attorney approval.
BACKGROUND
As part of the City's 1998/99 budget the City Council allocated $150,000 to the Santa
Clarita Valley Committee on Aging. The funds have been budgeted for FY 1998/99 in
account number 7100-8001. 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.
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,
1998 through December 31, 1998, with the second payment covering the period of January
1, 1999 through June 30, 1999.
ALTERNATIVE ACTION
Other actions, as determined by City Council.
FISCAL IMPACT
Total allocation for fiscal year 1998/99 is $150,000.
ATTACHMENT
Santa Clarita Committee on Aging Agreement
Agenda Item:/�
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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."
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; and
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 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 this agreement. The first payment shall cover the period of July 1, 1998
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through December 31, 1998, with the second payment covering the period January 1, 1999,
through June 30, 1999. 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;
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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. CITY'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 CITY's 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 (30) 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."
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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 this
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 RECIPIENTS failure to
maintain insurance or secure appropriate endorsements.
S. 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.
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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 RECIPIENT's or its subcontractor's 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, orpromise 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, 1999. Provided however, this Agreement may be extended year to year after its
initial expiration based upon the same terms and conditions upon request by the
RECIPIENT and approval by the City Council.
12. RECIPIENT agrees that funds shall be disbursed or encumbered no later
than June 30, 1998, and that any and all funds remaining as of June 30, 1999, 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.
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14. Notices and communication concerning this Agreement shall be sent to the
following addresses:
CITY
City of Santa Clarita
Parks, Recreation and
Community Services Dept.
23920 Valencia Blvd., Ste. 120
Santa Clarita, CA 91355
Attention: Rick Putnam
RECIPIENT
SCV Committee on Aging Corporation
Santa Clarita Valley Senior Center
22900 Market Street
Santa Clarita, CA 91321
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 RECIPIENT's signatory(s) as the date said Agreement, as
executed by RECIPIENT, is received by CITY.
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IN WITNESS WHEREOF, 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
0
Date
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CITY OF SANTA CLARITA
a municipal corporation
By
City Manager
ATTEST:
City Clerk
By
Title
Agency