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Home My WebLink About1977-09-06; City Council; Resolution 51981 2 2 4 5 6 7 E 9 IC 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Cit 16 0 RESOLUTION NO. 51 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPRO ING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD TION FOR THE OPERATION AND MAINTENANCE OF GRAY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. AND THE CARLSBAD SENIOR CITIZENS' ASSOCIA- A SENIOR CENTER AND FOR A NUTRITION PRO- Council of the City of Carlsbad, California, c3es ereby resolve as follows: 1. That that certain agreement between the City of Carlsbad nd the Carlsbad Senior Citizens' Association for the operation nd maintenance of a Senior Center and for a Nutrition Program9 a opy of which is attached hereto marked Exhibit A and incorporated erein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby author- zed and directed to execute said agreement for and on behalf of he City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the ity Council of the City of Carlsbad, California held on the 6th iy of September , 1977, by the follwoing vote, to wit: AYES: Councilmen Frazee, Lewis, Packard and Councilwoman Casler NOES: Councilman Skotnicki ABSEbJT: None ROBERT C. TTEST: SEAL) 4 e EXHIBIT ''A" to RESOLUTION NO. 5198 . AGREEMENT FOR THE OPERATION AND MAINTENANCE OF A SENIOR CENTER AND FOR A NUTRITION PROGRAM --- -- - THIS AGREEMENT is made on this 1st day of July, , 1977 fla d. between the CITY OF CARLSBAD, a municipal corporation of the State of California (hereinafter referred to as "City") and the CARLSBAD,SENIOR CITIZENS' ASSOCIATION, a non-profit corporation (hereinafter referred to as "Contractor"). WITNESSETH: 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 WHEREAS, Contractor is willing to perform certain services for persons over sixty years of age; and WHEREAS, the City desires to employ Contractor to perform the hereinafter'described services in connection with the City's. .Senior Citizens' programs; and .. WHEREAS, the City Council has approved the employment of . . an independent Contractor to prov'ide services in connection with the City's Senior Citizens' programs; NOW, THEREFORE, the parties agree as follows: 1. --- Duties of Contractor. Contractor shall carry on a program of senior citizens activities on behalf of the City of Carlsbad as follows: .a. Establish, operate and maintain a Senior Citizens Center open to the public, to be open five days per week, Monday through Friday, eight hours per 0 0 day. Access into these offices are to be free of physical barriers and are to be suitably furnished to insure comfort to older and handicapped persons. b. Employ a competent individual to staff the Senior t Citizens' Center. Said individual to act as a full-time coordinator of senior citizens', programs for the City of Carlsbad, to assist in the recruiting, > 'a '. 4 . training and supervising of volunteers and to assist in the assessment of existing and in the develop- ment of new programs. c. Operate a Nutrition Program in cooperation with the Carlsbad Unified School District that will provide well-balanced midday meals and informative programs five days a week, except during school holidays. d. Employ a competent individual to supervise the Nutrifion Program. Said individual to work with the Carlsbad Unified School District in the preparation of the meals and to arrange for informatiye programs. e. Direct established programs of stated objectives, ! i including methods by which objectives are to be accompl i shed. f. Develop programs to meet the established needs of senior citizens. Proposals to include needs assessment, goals, objectives, action steps and evaluation procedures for each program. Submit written reports to the City Manager on a monthly g. basis of all activities and programs involving senior citizens relating to the Senior Citizens' Center, 2. e 0. including the activities of the full-time coordinator. These reports shall be due by the 15th of the month for the preceding month. h. Publicize the- availibility of services and activities t on an ongoing basis by all means available. Copies of publicity material will be filed with. monthly +> 4. . report to the City Manager. 2. Payment. Payment to the Contractor by the City shall be made at the rate of one-twelth of the amount approved by the City Council for the maintenance and operation of a Senior Citizens Center and a Nutrition Program during fiscal year 1977-78. Payment shall be made upon receipt by City of a written claim from the Contractor@ showing the work performed for previous month. Payment shall not . be made until monthly written report, including financial statements covering the programs receiving financial assistance from the City, has been submitted to the City Manager. 3. Term. This agreement shall be effective upon the date of execution of this agreement by the Mayor of the City. It shall ter- minate on June 30, 1978. During said term,this agreement may be ter- minated at anytime upon thirty days written notice by either party. 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; said insurance to insure City 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 one incident or occurance and to a limit of not less than $100,000.00 for property damage against any and all claims, demands, obligations, liabilities, cause or causes 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 th’is agreement or thereof. 5. Equipment - Inventory. City may assign certain City owned equipment to Contractor. Contractor shall be responsible for all assigned City equipment and shall submit an inventoryi;of all items to the City Manager as a part of the last monthly report.for 1978 d or any subsequent years if this agreement is renewed. Con’tractor shall immediately return any such equipment to City upon receipt of written request therefor from the City Manager. 6. Renewal. This agreement may be renewed for fiscal year 1978-79, 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.renewa1. 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. 7. Status of Contractor. The Contractor will perform . the services provided for herein, in its own way, as 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 this agreement, an employee of the City of Carlsbad. In no event shall any con- tractural relationship be created by this agreement between City and any third party. 8. Hold Harmless Agreement. The City, its agents, its officers and employees shall not be liable. for.any claims, liabilities, penal- ties, 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 . them caused by, or resulting from, or claimed to have been caused by, or resulting from, any act or omission of the Contractor or its agents, employees or representatives. Contractor further agrees to Zndemnify and save free and harmless the City and its authorized agents, officers and employees, against any of the foregoing liabili- ties and claims therefor, and any cost and expense that is incurred by the City on account of any claim therefor. >z .. - 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 b.e deemed to be a consent to any subsequent subcontracts. 10. Notices. All notices required herein shall be in wri.ting Notices to City shall be and delivered in person or sent by mail. addressed: City Manager, 1200 Elm Avenue, Carlsbad, California 92908. Notices to Contractor shall be addressed: Raymond C. Ede, President, Board of Directors, The Carlsbad Senior Citizens' Association; P.O. Box 172, Carlsbad, California 92008. -5- IN 0. the parties hereto have executed . this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation e of California 35 ATTEST: .. I CARLSBAD SENIOR CITIZENS' ASSOCIATION a non-profit corporation -6-