HomeMy WebLinkAboutAGENDA REPORT 1985 0916 CC REG ITEM 10AALBERT PRIETO
Mayor
JAMES D. WEAK
Mayor Pro Tem
THOMAS C. FERGUSON
Councilmember
DANNY A. WOOLARD
Councilmember
LETA YANCY- SUTTON
Councilmember
DORIS D. BANKUS
City Clerk
JOHN C. GEDNEY
City Treasurer
T0=
FROM =
DATE =
SUB.TECT
BACKGROUND
MOORPARh STEM io a
MEMORANDUM
The Honorable City Council
Steven Kueny, City Manager "-
September 12, 1985
Agreement for Senior Citizen` Services
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
NIALL FRITZ
Director of
Community
Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
The attached agreement was approved by the City Council on August 19, 1985.
On September 10, 1985, Mr. Dean Newman informed the City Clerk that
Paragraph 2.A was not acceptable and should be deleted.
On September 11, 1985 I spoke with Mr. Newman and informed him that the City
had expected the Moorpark Senior citizens to provide those services they could
within existing funding, staffing and facility contraints .
Further, it was recognized that not all of the services could be provided and
that many of the services were provided by others and the Moorpark Senior
Ciizens served only in a referral capacity. It was concluded that the language
in Paragraph 2.A could be modified to reflect this understanding.
RECOMMENDED ACTION
Authorize modification of Paragraph 2.A to read as follows:
Provide as many of those services specified in the "Description
of Services", attached hereto and made a part hereof, as available
funding, staffing and facilities allow, and act in a referral capacity
for said services that are provided by other agencies and
organizations, for a period of twelve (12)months, commencing with
September 1, 1985. Said services shall be provided without charge
to pesons 55 years of age and older who live or do business in
Moorpark and without regard to the race, religious creed, color,
national origin, ancestry, physical handicap, medical condition,
marital status or sex of any person.
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attachment cc: Dean Newman
799 Moorpark Avenue Moorpark, California 93021
(805) 529 -6864
AGREEMENT
SENIOR CITIZEN SERVICES
THIS AGREEMENT made and entered into this 19 day
of August_ 1 1985 by and between the CITY OF
MOORPARK, a municipal corporation, (hereinafter "CITY ") and
MOORPARK SENIOR CITIZENS an unincorporated association,
(hereinafter "ASSOCIATION "). i
WHEREAS, the CITY desires to make available services
that serve the senior citizens of MOORPARK; and
WHEREAS, the ASSOCIATION has experience in the
delivery of services to senior citizens.
NOW, THEREFORE, in consideration of the mutual
promises of the parties, it is agreed as follows:
1. The CITY agrees.
A. To pay the ASSOCIATION a sum not to exceed
One Thousand Dollars ($1,000.00) per month or Twelve
Thousand Dollars ($12,000.00) in total.
B. To make payment on a monthly basis for a period
of twelve (12) consecutive months, commencing with
September 1 ___, 1985, in accordance with the following
schedule:
1st and 2nd months: the amount of One Thousand Dollars
($1,000.00), per month. Payment shall be made in
advance of the first day of the month.
3rd through 12th months: an amount equal to One
Thousand Dollars ($1,000.00) less net monthly revenue
for the second to the last preceding month, per month.
(I.e., payment for the 3rd month = $1,000.00 - 1st
month's net revenues). Payment shall be made within
fiftPPn (1.r,_) days after an accounting of the net revenues
for the applicable month is made to the City.
Net monthly revenue means the gross monthly sales
generated by a thrift store to be operated by the
ASSOCIATION less the expense of operating the
thrift store for that month. Said monthly operating
expense is the sum of the monthly rental, the cost
of utilities for which payment is made during the
month and the cost of insurance prorated on a monthly
basis. The accounting of net monthly revenue shall
be made by the ASSOCIATION and shall include an
accounting of gross sales and operating expenses
for the month.
2. The ASSOCIATION agrees to:
Provide as many of those services specified in the "Description
of Services", attached hereto and made a part hereof, as available
funding, staffing and facilities allow, and act in a referral capacity
for said services that are provided by other agencies and
organizations, for a period of twelve (12)months, commencing with
September 1, 1985.-"Said services shall be provided without charge
to pesons 55 years of age and older who live or do business in
Moorpark and without regard to the race, religious creed, color,
national origin, ancestry, physical handicap, medical condition,
marital status or sex of any person.
B. Cause this Agreement to be assigned to a
non - profit corporation organized and existing under
the laws of the State of California and give notice to
the City of such assignment on or before December 3
1985. Said assignment shall not be valid unless the
directors of said corporation include the individuals
who have executed this Agreement on behalf of the
ASSOCIATION. This Agreement shall be binding upon
said assignee.
C. Pay to the CITY on or before October 31, 1986 ,
a sum not to exceed Two Thousand Dollars ($2,000.00)
less the total net monthly revenues for the eleventh
(11th) and twelfth (12th) months of the schedule
specified in paragraph 1B above.
D. To hold harmless and indemnify the CITY
and its officers, employees, servants and agents
from any claim, demand, damage, liability, loss,
cost or expense, for any damage whatsoever, including
but not limited to, death or injury to any person
and injury to any property, arising out of, or
incident to, any act or omission of the ASSOCIATION
in the performance of this Agreement.
3. The parties agree that:
A. The CITY may terminate this Agreement, at
its option and without prejudice to any other remedy
to which it may be entitled at law or in equity,
immediately upon giving notice to the ASSOCIATION
in the event that the Association:
(1) Does not open the thrift shop for
business within ten (10 ) days after the CITY makes
the first monthly payment specified in paragraph
1B above.
(2) Terminates or abandons its leasehold
interest in the premises on which the thrift
-2-
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF
)ss.
COUNTY OF
On this day of _ , in the year
before me _ `, personally appeared
personally known to me (or
proved to me on the basis of satisfactory evidence) to be
the person who executed the within instrument as
of the unincorporated association therein named and acknowledged
to me that said association executed it.
Notary Public
(SEAL)
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF
ss.
COUNTY OF
On this _ day of _ , in the
before me personally
, personally known to
proved tome on the basis satisfactory evidence)
the person who executed the within instrument as
of the unincorporated association therein named and
to me that said association executed it.
Notary Public
(SEAL)
year
appeared
me (or
to be
acknowledged
CERTIFICATE OF ACKNOWLEDGMENT
STATE OF _)
)ss.
COUNTY OF )
On this day of _ , in the year
before me , personally appeared
personally known to me (or
proved to me on the basis of satisfactory evidence) to be
the person who executed the within instrument as
of the unincorporated association therein named and acknowledged
to me that said association executed it.
Notary Public
(SEAL)