HomeMy WebLinkAbout1991-12-03; Housing & Redevelopment Commission; Resolution 198I1 e 0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
HOUSING AM) REDEVELOPMENT COMMISSION
RESOLUTION NO. 1 98
A RESOLUTION OF THE HOUSING AND REDEVELOPM
COMMISSION OF THE CITY OF CARLSBAD, CALIFORN
APPROVING AN AGREEMENT WITH IN MOTION
AUTHORIZING THE EXECUTIVE DIRECTOR OF
REDEVELOPMENT AGENCY TO EXECUTE THE AGREEMENT.
Whereas, the Housing and Redevelopment Commission of
City of Carlsbad encourages activities that promote tour
and increase visibility of the our community nationally;
Whereas, the Housing and Redevelopment Commiss
encourages activities that enhance the economic health
increase revenues to local businesses and thereby increas
municipal revenues via sales and transient occupancy tax
and
Whereas, the San Diego Marathon will be conducted in
City of Carlsbad on Sunday, December 8, 1991; and
Whereas, the San Diego Marathon is highly regarded wit
the athletic community and now garners National ME
Coverage; and
Whereas, the 1991 San Diego Marathon is expected to c
7 , 000 participants from forty states and eleven countries
NOW, THEREFORE, BE IT HEREBY RESOLVED, by
Housing and Redevelopment Commission of the City of Carlsk
California, as follows:
1. That the above recitations are true and correct
2. That the agreement between the Housing Redevelopment Commission and In Motion to mar and direct the San Diego Marathon in a manner t
will promote a positive image of Carlsbad t
nationwide audience is attached as EXHIBIT I12l1
incorporated herein by reference, is he]
approved.
j/
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
cy-
0 0
3. That the Executive Director of the Carls
Redevelopment Agency is authorized to execute
agreement.
4. That a one time contribution of $ 4,000 W
be appropriated from the Redevelopment Age
Unappropriated Fund Balance Account into 810-8
3410-2479 for the 1991 San Diego Marathon.
PASSED, APPROVED, AND ADOPTED by the Housing
Redevelopment Commission of the City of Carlsbad, Califor
on 3rd day of December , 1991, by the following vote,
wit:
AYES: Commissioners Lewis, Kulchin, Larson, Stanton and Nyga,
NOES: None
ABSENT: None
ATTEST:
RAYM ‘D R. PATCHETT, Executive Director e_u
/I/
///
///
/I/
0 e EXHIB
d
AGREEMENT
The patties to this agreement are the Clty of Carlsbad Housing and Redevelopment Agen
municipal corporation, hereinafter referred to as 'Commission' and In Motion, Inc., a California corpor
hereinafter referred to as 'Consultanr.
RECITALS
Purpose and Intent: Commission and Consultant wish to conduct a special event hereafter known a
San Diego Marathon (SDM) which will require the use of public right of way, City services and perso
In order to properly conduct such an event, Commission and Consultant wish to enter into an agree
for the operation, administration and permitting for the event. The parties therefore agree as folio\
CONSULTANT OBLIGATIONS:
A. Consultant shall create and conduct the San Diego Marathon to be held within the
of Carlsbad. The event will be held on the second Sunday in December in the year 1
Alterations to the event routes or dates will be by mutual agreement.
1. Create and conduct the race in a manner that promotes and maintains a positive ir
of the City of Carlsbad.
2. Promote the race in such a manner as to increase the number of participants
spectators visiting the Village Redevelopment Area.
3. Comply with all condaions of the City of Carlsbad Special Event Permit.
4. Provide the Carlsbad Redevelopment Agency with demographic statistical data
information obtained from race entry forms of all race participants incll;
demographics, and occupation, prior to receiving any Redevelopment Agc
contribution. This information shall be available within 30 days following the event.
0 0
5. Pay for applicable city services prior to receiving the Carlsbad Redevelopment Agi
contribution.
6. Meet with Carlsbad Redevelopment Agency, City Manager and other city represent3
on a regular, mutually agreed upon schedule to report on progress of the event,
7. Include official City of Carlsbad logo in all appropriate promotional pieces and
advertising.
8. COMMISSION OBLIGATIONS:
1. . Coordinate with Mayor, City Council, City Manager and Housing and Redevelopment
for press conferences, interviews, sponsors receptions, VIP Brunch and any I
activities requiring city representation.
2, Coordinate with applicable city departments to create and maintain the highest stanc
possible for the event.
C. FEES TO BE PAID TO CONSULTANT
D.
1. Upon confirmation of Consultants performance in compliance with items Al-A8, or v
thirty (30) days after the events, the Carlsbad Redevelopment Agency will provide a 1
contribution to the race in the amount of !$ 4 ,000 .
CHANGES OF WORK
If, in the course of the contract, changes are requested by Consultant or the Commis
or its Executive Director and informal consultations with the other party indicate tl
change in the conditions of the contract is warranted, the Consultant or the Commi:
may request a change in the contract. Such changes shall be processed bl
Commission in the following manner: a letter outlining the required changes shz
fonvarded to the Commission by Consultant to inform them of the proposed chal
along with a statement of estimated changes in charges or time schedule.
supplemental agreement shall be prepared by the Carlsbad Redevelopment Agency
may be approved by the Commission, or its Executive Director at its discretion, accol
to the procedures described in Carlsbad Municipal Code Section 3.28.172.
2
'9 0 0
I E. PROGRESS AND COMPLETION
All race events including clean-up must be completed by 6:OO p.m. December 8
All streets shall cleared by 1 ;Qo p.m.
F. FINAL SUBMISSION
Within thirty (30) days of completion of the race, the Consultant shall deliier
Commission proof of compliance with current terms and assurance of complian
terms listed in Section A Contractor Obligations.
G. COVENANTS AGAINST CONTINGENT FEES
The Consultant warrants that their firm has not employed or retained any Corn1
person, other than a bona fide employee working for the Consultant, to solicit or
this agreement, and that Consultant has not paid or agreed to pay any coml
person, other than a bona fide employee, any fee, commission, percentage, bn
fee, gift, or any other consideration contingent upon, or resulting from, the a
making of this agreement. For breach or violation of this warranty, the Commissi
have the right to annul this agreement without liability, or, in its discretion, to dedr
the agreement price or consideration, or otherwise recover, the full amount of SI
commission percentage, brokerage fees, gift, or contingent fee.
H. NONDlSCRlMlNATlON CLAUSE
The Consultant shall comply with all State and Federal Laws regarding nondiscrin
1. TERMINATION OF CONTRACT
This agreement may be terminated by either party upon tendering thirty (30) day.
notice to the other party. In the event of termination the Consultant shall be paid
performed to the date of termination, however, the total shall not exceed the payal
sum fee payable under Section C Fees To Be Paid To The Consultant. The Con
shall make the final determination after the portions of tasks completed and comp
to be made. In the event of the consultant's failure to prosecute, deliier, or per
work as piovided for in this contract, the Commission may terminate this cor
3
e 0
nonperformance by notifying the consultant by certified mail of the termination c
contract.
J. DISPUTES
If a dispute should arise regarding the performance of work under this agreemem
following procedure shall be used to resolve any questions of fact or interpretatio
otherwise settled by agreement between parties. Such questions, if they bec
identified as part of a dispute among persons operating under the provisions 01
contract, shall be reduced to wiiing by the principal of the Consultant or the
Manager/Executive Director. A copy of such documented dispute shall be forward6
both parties involved along with recommended methods of resolution which would t
beneft to both parties. The City Managef/Executive Director or principal receivinc
letter shall reply to the letter along with recommended method of resolution within ten
days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a 11
outlining the disputershall be forwarded to the Commission for their resolution thrc
the Office of the City Manager, The Commission may then opt to consider the direr
solution to the problem. In such cases, the action of the Commission shall be bin(
upon the parties involved, although nothing in this procedure shall prohibit the pal
seeking remedies available to them at law.
K. STATUS OF THE CONSULTANT
The Consultant shall perform the services provided for herein in consultant’s own wa!
an independent Consultant and in pursuit of Consultant’s independent calling, and
as an employee of the City or Commission. Consultant shall be under control of
Commission only as to the result to be accomplished, but shall consult with
Commission as provided for in this agreement. The payment made to the ConsuH
pursuant to the contract shall be the full and complete compensation to which
Consultant is entitled. The Commission shall not make any federal or state withholdir
on behatf of the consultant. The City and Commission shall not be required to pay i
4
0 0
workers compensation insurance on behalf of the Consultant. The consultant a!
indemnify the Commission for any tax retirement contribution, social security, (
payment, workers’ compensation payment which the Commission may require
on behalf of the Consuttant or any employee of the Consultant for work done ur
agreement.
The Consultant shall be aware of the requirements of the Immigration Reform anc
Act of 1986 and shall comply with those requirements, including, but not lir
verifying the eligibility for employment of all agents, employees, subcontraci
consultants that are included in the agreement.
L CONFORMITY TO LEGAL REQUIREMENTS
The ‘Consultant shall cause all drawings and specifications to conform to all af
requirements of law; federal, state and local. Consultant shall provide all nc
supporting documents, to be filed with any agencies whose approval is necess;
Commission will provide copies of the approved plans to any other agencies.
M. OWNERSHIP OF DOCUMENTS
The Consultant shall make copies of any documents relating to the conduct of
available to the Commission. These documents and plans are the properl
Consuttant.
N. HOLD HARMLESS AGREEMENT
The City and/or Commission, its officers, and employees shall not be liable for an
liabilities, penalties, fines, or any damage to goods, properties, or effects of an
whatever, not for peEonal injuries or death caused by, or claimed to have beet
by, or resulting from, any intentional or negligent acts, errors or omission of CI
or Consultant’s agents, employees, or representatives. Consultant agrees tc
indemnify, and save free and harmless the City/Commission and its offir
employees against any of the foregoing liabilities or claims of any kind and any
5
e 0
expenses that is.incurred by the City/Commission on account of any of the fore!
liabilities, including liabilities or claims by reason of alleged defects.
0. ASSlGNMENT OF CONTRACT
The Consultant shall not assign this contract or any part thereof or any monie!
thereunder without the prior written consent of the Commission.
P. SUBCONTRACTING
If the Consultant shall subcontract any of the work to be performed under this col
by the Consultant, Consultant shall be fully responsible to the Commission for thc
and omissions of Consultant’s subcontractor and of the persons either direc
indirectly employed by consultant. Nothing contained in this contract shall creatc
contractual relationship between any subcontractor of Consultant and the Commi:
The Consultant shall bind every subcontractor and every subcontractor of a subcontr
by the terms of this contract applicable to Consultant’s work unless specifically not
the contrary in the subcontract in questions approved in writing by the Commissic
Q. PROHIBITED INTEREST
No official of the Commission who is authorized in such capacity on behalf o
Carlsbad Redevelopment Agency to negotiate, make, accept, or approve, or take p
negotiating, making, accepting, or approving of this agreement, shall become direc
indirectly interested personally in this contract or in any part thereof. No offic
employee of the Carlsbad Redevelopment Agency who is authorized in such capacit:
on behalf of the Commission to exercise any executive, supervisory, or similar func
in connection with the performance of this contract shall become directly or indir
interested personally in this contract or any part thereof.
R. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the C
Commission, either before, during or after the execution of this contract, shall affe
modify any of the terms or obligations herein contained nor entitle the Consultant tc
6
0 0
additional payment whatsoever under the terms of this contract.
S, SUCCESSORS OR ASSIGNS
Subject to the provisions, 'Hold Harmless Agreement,' all terms, conditions,
provisions hereof shall insure to and shall bind each of the parties hereto, and e;
their respective heirs, executors, administrators, successors, and assigns.
T. EFFECTIVE DATE
This agreement shall be effective on and from the date signed by all parties.
U. CONFLICT OF INTEREST
The Consultant shall file a Conflict of Interest statement with the City Clerk in accon
with the requirements of the City of Carlsbad Conflict of Interest Code. The Cons
shall report investments or interest in real property,
v. INSURANCE
The Consultant shall obtain and maintain policies of general liability insurance, autor
liability insurance, and a combined policy of worker's compensation and emp
liability insurance from an insurance company authorized to do business in the St
California which meets the requirements of City Council resolution No. 90-96
insurable amount of not less than one million dollars ($1,000,000) each, unless a
amount is approved by the City Attorney or the City Manager/Executive Director
Certificate of Insurance should indicate coverage for the charity sponsorship activii
well as events directly associated with the San Diego Marathon or other insuran
those activities shall be required. This insurance shall be in force during the lie
agreement and shall not be canceled without thirty (30) days prior written notice
Commission sent by certified mail. The City/Commission shall be named as an add
insured on these policies.. The Consultant shall furnish certificates of insurance
City/Commission before commencement of work.
7
0 a
Executed by Consultant this day of 8 19,.
CONSULTANT
(Name of Company)
(Address)
(Sign Here)
(Print Name Here)
(Tiile)
CITY OF CARLSBAD Redevelopment Agc
municipal corporation of the state of Caliiornia
By:
City ManagerExecutive Director
Attest:
City Clerk
APPROVED AS TO FORM:
City Attorney
8