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HomeMy WebLinkAbout1975-08-19; City Council; Resolution 37263726 RESOLUTION NO. 6 7 a 9 10 11 12 13 14 15 16 17 18 2 3 4 5 The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and The Carlsbad Senior Citizens' Association for the services of a Coordinator for the Senior Citizens Information Center, a copy of which is attached hereto marked Exhibit A and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 19th day of August, 1975, by the following vote, to wit: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION FOR THE SERVICES OF A COORDINATOR AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. 1.9 20 AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : !lone Co u n c i 1 wo in an C i! s 1 e r 24 /i A 25 26 28 AG!aEMEN?! FOR A SENIOR CITIZENS' SERVICES COORDI?JATOR This AGREELHSNT entered into this 79th day of--Auqust r 1975, by and between the CITY OF CAXLSBAD, a municipal corporation of the State of California, hereinafter referred to as "CITY" and the CARLSBAD SENIOR CITIZENS' ASSOCIATION, a nonprofit corporation hereinafter referred to as "CONTRACTOR" W I T NE S S E T H: WHEREAS, the City is engaged in programs to help meet the needs of residents of the City over the age of sixty years of age; and WHEmAS, Contractor is willing to perform certain services for persons over sixty years of age; and WHEREAS, the City desires to employ Contractor to per- form the hereinafter described services in connection with City's senior citizens' programs; and WHEREAS, the City council. has approved the employment ,f an independent contractor to provide services in connection gith the City's senior citizens' programs; NOI?, THEREFORE, IT IS AGREED as follows: SECTION 1: Duties of Contractor. Contractor shall carry )n a program of senior citizens activities on behalf of the City )f Carlsbad as follows: A. Citizens' Center, coordinator of senior citizens' programs for the City of Carlsbad. Employ a competent individual to staff the Senior Said individual to act as a fv.21-ti.me 7 r % 4 E c E r I € 5 1C 17 12 1: u 2c 21 2% 23 24 25 26 27 28 2.9 a 8. quarterly basis of all activities involving senior citizens relating to the Senior Citizens' Center, including the activities of the full-time coordinator. SECTION 2: Payment. Payment to Contractor by City shall be made for services at the rate of $798.00 per month, Payment shall be made at the end of each month upon receipt by City of a written claim from Contractor showing the work performed for the previous month. Sudmit written reports to the City Manager on a Payment for a month during which the quarterly report, specified in Section 1 of this agreement, is due shall not be'made until such report has been submitted to the City Manager. SECTION 3: Term. This agreement shall be-effective upon the date of execution of this agreement by the Mayor of City. It shall terminate on June 30, 1976. During said term, this agreement may be terminated at anytime upon thirty days written notice by either party. SECTION 4: Insurance, Contractor shall procure and maintain a policy or policies of public liability and property damage insurance with an insurance company or companies approved by the City Manager, wherein City is named as an insured; such insurance to insure to a limit of not less than $300,000.00 for injuries or death of any one person and $500,000.00 with respect to any on incident or occurance and to a limit of not less than $100,000.00 for property damage, City against any and all clA5ms, demands, obligations, liabilities, cause or causes 2. . , .. . . , .... __ ._-- ~ 5 .6 7 8 9 10 11 12 13 0 14 i3 20 21 22 23 24 25 26 27 28 29 m- of action by reason of any act or omission by or on behalf of Contractor, its member agents, employees, permittees or invitees, whether negligent, intentional or otherwise arising out of or in any way connected to this agreement or the performance thereof. SECTION 5: Equipment Inventory. City may assign certain Contractor shall be respons- City owned equipment to Contractor. ible for all assigned City equipment and shall submit an inventory of all items to the City Manager as a past of the last quarterly report for 1976 or any subsequent years if this agreement is renewed SECTION 6: Renewal. This agreement may be renewed for fiscal year 1976-1977, and for any subsequent fiscal year in accord with the terms of this section. If the Contractor desires to renew he shall so indicate in writing to the City Manager not later than April 1st of each year- A proposed budget for the renewal year shall accompany the request for renewal. If the City desires to accept the renewal that action shall be effective upon approval of proposed budget by the City Council of the City of Carlsbad. SECTION 7: Status of Contractor. The Contractor will perform the services provided for herein, in its own way, BS an independent contractor and in pursuit of his independent calling, and not as an employee of the City, and shall be under the control of the City only as to the result to be accomplished. The full- time coordinator shall be hired by and responsible to Contractor, No employee of the Contractor is, for any purposes arising out of 3. . 1 2 3 4 5 6 7 8 9 10 11 12 13 20 I- 0 - 21 22 23 24 25 26 27 28 30 this agreement, an employee of the City of Carlsbad. In no event shall any contractural relationship be created by this agreement between City and any third party. ... SECTION 8: Hold Harmle,ss Agreement. The City, its agents, its officers and employees shall not be liable for any claims, liabilities, penalties, fines or for any damage to goods, properties or effects of any person whatever, or personal injuries to or death of them or any of then caused by, or resulting fram, or claimed to have been caused by, or resulting from, any act or omission of the Contractor or its agents, employees or represent- atives. Contractor further agrees to indemnify and save free and harmless the City and its authorized agents, officers and employees, against any of the foregoing liabilities and claims therefor, and any cost and expense that is incurred by the City on account of any claim therefor. SECTION 9: Assignment of Contract. The Contractor shall not assign this contract or any part thereof or any Monies due or to become due thereunder without prior written consent of the City. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Contractor shall not subcontract any of the services contemplated in this agreement without the expressed written consent of the City. A consent to one subcontract shall not be deemed to be a consent to any subsequent subcontracts. SECTION 10: Notices. All notices required herein shall be in writing and delivered in person or sent by mail. Notices to 4. (0 City shall be addressed: City Manager, 1200 Elm Avenue, Carlsbad, California, 92008. Notices to Contractor shall be addressed: Raymond C. Ede, President, Board of Directors, The Carlsbad Senior Citizens' Association, 2600 Ocean Street, Carlsbad, California, ._ 92008. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written, CITY OF CARLSBADr a Municipal Corporation of the State of ATTEST : City Cierk ,! CARLSBAD SENIOR CITIZENS' ASSOCI- ATION, a nonprofit corporation APPROVED AS TO FORI4: 7 W City Attorney 5.