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HomeMy WebLinkAbout1976-06-15; City Council; Resolution 3932RESOLUTION NO. 3932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFOhWLA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION FOR THE OPERATION AND MAINTENANCE OF A SENIOR CENTER AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does herby resolve as follows: 1. That that certain agreement between the City of Carlsbad and the Carlsbad Senior Citizens' Association for the operation and maintenance of a Senior 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 author- ized 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 -- 15th day of June , 1976, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None Counci lwoman Cas1 er ABSENT: None ATTEST : 4 (SEAL) + I IL la' ROBERT C. FRAZEE, Mayor EXHIBIT "A" to 0 @ESOLUTION NO. 3932 AGREEMENT FOR THE OPERATION AND MAINTENANCE OF A SENIOR CENTER - THIS AGREEMEET is made this 15th day of June I 1976 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 WHERgAS, the City desires to employ Contractor to perform xt 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 provide services in connection with the City's Senior Citizens' programs; NOW, THEREFORE, the parties agree as follows: 1. Duties of C.2ntractor. 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 day. physical barriers and are to be suitably furnished to insure comfort to older and handicapped persons, Employ a competent individual to staff the Senior 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, training and supervising of volunteers and to assist in the assessment of existing and in the develop- Access into these offices are to be free of b. ment of new programs. Direct established programs to stated objectives, c. including methods by which objectives are to be accomplished. d. Develop programs to meet 'the established needs ~f senior citizens. Proposals to include needs assessment, goals, objectives, action steps and evaluation procedures for each program. e. Submit written reports to the City Manager on a monthly basis of all activities and programs involving senior citizens relating to the Senior Citizens' Center, including the activities of the full-time coordinator. These reports shall be due by the 15th of the month for the preceding month. 2. . 0 f. Publicize the availability of services and activities on an ongoing basis by all means avail- able. with monthly report to the City Manager. Copies of publicity material will be filed 2. Payment. Payment to Contractor by City shall be -- made for services- at the rate of $ 798.00 shall be made at the end of each month upon receipt by City of a per month. Payment written claim from the Contractor showing the work performed for the previous month. written report has been submitted to the City Manager. Payment shall not be made until monthly 3. Term. This agreement shall be effective upon the date of execution of this agreement by the Mayor of City. terminat.e on June 30, 1977. During said term, this agreement It shall may be terminated 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 Nanager, wherein City is named as an insured; such 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 a:L1 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 3. c of or in any way connected to this agreement or thereof. 5. Equipment Inventory. City may assign certain City I owned equipment to Contractor. for all assigned City equipment and shall Submit an inventory of all items to the City Manager as a part of the last monthly report Contractor shall be responsible for 1974 or any subsequent years if this agreement is renewed. Contractor shall h”mdiately return any such equipment to City upon receipt of a written request therefor from the City Manager. 6. Renewal. This agreement may be renewed for fiscal year 1977-19’78, 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. the request for renewal. that action shall be effective upon approval of proposed budget by the City Council of the City of Carlsbad. . A proposed budget for the renewal year shall accompany If the City desires to accept the renewal 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. 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. No employee of 4. 8. Hold Harmless Aqreement. 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 whateverl 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 indemnify and save free and harmless the City and its authorized agents, officers and em.ployees, against any of the foregoring liabili- ties and claims therefor, and any cost and expense that is incurred by the City on account of any claim therefor. 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. one assignment shall not be deemed to be a consent to any subsequent A consent to assignment. contemplated in this agreement without the expressed written consent of the City. A consent to one subcontract shall not be deemed to be Contractor shall not subcontract any of the services * a consent to any subsequent subcontracts. 10. Notices. All notices required herein shall be in writing and delivered in person or sent by mail. Notices to 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, P.O. Box 172, Carlsbad, California 92008. 5. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, a Municipal Corporation California b +, t* ~ _I u -'* ROBERT C. FRAZEE, Mayor r,; L. L -4 ~ P> BY \c CARLSBAU SEPJIOR CITIZENS ' ASSOCIATION a non-profit corporation . - .... 6.