HomeMy WebLinkAbout1978-10-03; City Council; Resolution 5540RESOLUTION NO. 5540
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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 maintenance
and operation of a Senior Center and for a nutrition program, a
copy of which is attached hereto marked Exhibit I'B" 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 3rd day
3f October , 1978, 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 MAINTENANCE AND OPERATION OF A SENIOR CENTER AND FOR A NUTRITION PROGRAM AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT.
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AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
NOES : None Co unc i 1 woman Cas 1 er
ALETHA &/e& L. RAUTENKRANZ, City rk
ABSENT: None
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0 Exhibit "B" to Resolution N0.5540
AGREEMENT FOR THE OPEeATION AND MAINTENANCE OF ,4 SEi'lIOR CENTER
AND FOR A NUTRITION .--___- PROGRAM
THIS AGREEMENT is made on this 1st day of July, 7978 between
the CITY OF CARLSBAD, a municipal corporation of the State of
California (hereinafter referred to as tlCity") and the CARLSBAD
SENIOR CITIZENS' ASSOCIATION, a non-profit corporation (hereinafter
referred to as "Contractor"),
W I TI1 ESS ETH :
WHEREAS, the City is engaged l'n programs to help meet the
needs of residents of the City over the age of fifty-five years
. of age; and
WHEREAS, Contractor is wi 7 1 i n3 to perform certain services
for persons over fifty-five 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
independant Contractor to provide services in connection with the
City's Senior Citizens' program;
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. Operate and maintain a Senior Citizens Center
open to the public, to be open five days per
weekJ Monday through Friday, eight hours per
day. Access into these offices are to be free
ha.ntli capped pc~scns .
h. Enlp'iGy coi:;petent personnel .to proper! jf carry
on the acti vi ts es contemp1 ate4 by this agreemerit +'
c. Di rect estab1 f shed programs of stated objectives ,
i t7ci 1;ding methods by v!hi ch objectives are to
be acco!r;pi i shed.
d. Deve'i op r:e\,t pl-oyrams to meet the estabi i she? needs
of seni 01' cit,ize~-is: Proposa! S. to' i nc! ucie ~eeds
assessment, goals, objec.tives action steps
and evz.1 uat.ion procedures for each prograin.
e. Subi:ijt a.n "Annual Statement. cf Carl sbad' Senior
Citizei-is' Association Serv-ices tc.. the City,"
' out1 i nirig %he specf f-i c scope and nature cif services
to be rendered,
'f Subrn-it wr-i'cte:? reports to the Cjty !4anager on a
monthly has.is of a1 1 a.ctivities arid. prcgrams
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2. Payment. Payment to the Contractor by the City shall be
made at the rate of one-twe'lth 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 1978-79.
Payment shall be made upon receipt by City of a written claim from
the Contractor showing the work performed for the previous month.
Payment shall not be made until the monthly written report,
including financial statements covering the programs receiving
financial assistance from the City, has been submitted to the
City Manager.
3. Term. The agreement shall be effective upon the date
of execution of this agreement by the fjiayor of the City. It shall .
terminate on June 30, 1979. During'said term, this agreement
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 Manager,
wherein City is named as an insured; said insurance to insure City
to a limit of not less than $300,006.00 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 this agreement or thereof.
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' shall any contractural relatfonship he 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, penalties, fines of fur any damage to goods, properties
or effects of any person whatever:, cr 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 employees, against any of the
foregoing liabilities and clafms therefor, and any cost and expense
that is incurred by the City on iiccount 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. A consent
to one assignment shall not be deemed to be a consent to any
subsequent assignment. Contractor shall not suhcont'ract any of the
services contemplated in this agreeincnt 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.
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: