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HomeMy WebLinkAbout1979-08-21; City Council; Resolution 58841 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 0 0 RESOLUTION NO. 5884 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETMEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS ' ASSOCIATION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. 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 Carls- bad Senior Citizens' Association, copy of which is attached hereto marked Exhibil "B" and incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directec 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 thc City of Carlsbad, California held on the 21st day of Auqust , 1979, by thc following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear and Counci lwoman Cas1 er NOES : None ABSENT: Councilman Lewis ATTEST: (SEAL) Exhibit "€3" Resolution No. 5884 6 0 -e AN AGREEMENT BETWEEN THE CITY OF CARLSBAO AND THE CARLSBAD SENIOR CITIZENS ASSOCIATION. THIS AGREEMENT is made on this 1st dzy of July, 1979 between the City of Carlsbad, a municipal corporation of the State of California (hereinafter re- ferred 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 aye of fifty-five years of age; and WHEREAS, Contractor is willing to perform certain cervices for persons over fifty-five years of age; and WHEREAS, the City desires to employ Contractor to perform the h2reinafter 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 week, Monday through Friday, eight hours per 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. in space approved or allocated.by the City Council. Employ or have voluntary competent personnel to properly carry on the activities contemplated by this agreement. Direct established programs of stated objectives, including methods by which objectives are to be accomplished. grams to include: (1) Information and Referral, (2) Educational Programs and (3) Social Programs. Develop new programs to meet the established needs of senior citi- zens. Proposals to include needs assessment, goals, objectives, action steps and evaluation procedures for each program. e. Submit an "Annual Statement of Carlsba'd Senior Citizens' Associ- ation Services to the City," outlining the specific scope and nature of services to be rendered. The Senior Center shall operate b. c. The established pro- d. f. Submit written reports to the City Manager on a monthly basis of all activities and program involving senior citizens relating to the Senior Citizens' Center, including the activities of the full- time executive director. of the month for the prec9dir.g month. Publicize the availability of services and activities on an ongoing basis by all means available. Copies of publicity material will be filed with monthly report to the City Manager. Payment to the Contractor by the City shall be made at the rate of one-twelfth of the amount approved by the City Council during fiscal year 1979-80. Payment shall be made upon receipt by City of a written claim frcm the Contractor showing the work performed for the previous month. Payment shall not be made until the monthly written report, including financial statements cover- ing the programs receiving financial assistance from the City, has been submitted These reports shall be due by the 15th g. 2. Payment. to the City Manager. 3. Term. The agreement shall be effective upon the date of execution of this agreement by the Mayor of the City. It shall terminate on June 30, 1980. During said term, this agreement may be terminated at anytime upon thirty days written notice by either party. 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 $1,000,000.00 for injuries or death of any one person and $1,000,000.00 with respect to any one incident or occurance and to a limit of not less than $500,000.00 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 Contractcr, 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. 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 inventory of all items to the City Manager as a part of the last monthly report for 1980 or any subsequent years if this agreement is renewed. Contractor shall immediately return any such equipment to City upon receipt of written request therefor from the City Manager. any subsequent fiscal year in accord with the terms of this section. tractor desires to renew he shall so indicate in writing to the City Manager not 4. Insurance-. Contractor shall procure and maintain a policy or policies . 6. Renewal. This agreement may be renewed for fiscal year 1980-81, and fcr If the Con- later than April 1st of each year. The Annual Statement of Carlsbad Senior Citizens' Association Services to the City and a proposed budget for the renew- al. The proposed budget shall be divided into three general categories: Personnel Servi ces ; Mai ntenance and Operati'on ; and Capital Expenditures. If the City desires trj accept the renewal that action shall be effective upon approval of porposed budget by the City Council of the City of Carlsbad. 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 thecity only as to the result to be accomplished. All employees, if any, shall be hired by and responsible to Contractor. No employee of the Con- tractor is, for any purposes arising out of this agreement, an employee of the City of Carlsbad. In n3 event shall any contractural relationship be created by this agreement between City and any third party. Hold Harmless Agreement. The City, Its agents, its officers and empfoy- ees shall not be liable for any claims, liabilities, penalta'es, fines of for any damage to goods, properties or effects of any person whatever, or personal in- juries lo 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. nify and save free and harmless the City and its authorized agents, officers and emp'loyees, 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. 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 contempfated in this agreement without the expressed written consent of the City. consent to any subsequent subcontracts. in person or sent by mail. .Notices to Contractor shall be addressed: 4 7. Status of Contractor. The Contractor will p-erform the services provided 8. Contractor further agrees to indem- . 9. Assignment of Contract. A consent to one subcontract shall not be deemed to be a 10. Notices. All notices required herein shall be in writing and delivered Notices to City shall be addressed: City Manager, 1200 Elm Avenue, Carlsbad, California 92008. President, Board of Directors The Carlsbad Senior Citizens' Association 2945 tiarding Street Carl shad, Cal i forni a 92008 r IN NITNESS NHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF CARLSBAD, i A Municipal Corporation of the State of Ca’l i fsrni a ATTEST: CARLSBAD SENIOR CITIZENS ’ ASSOCIATION, A Non-Profit Corporation .. APPROVED AS TO FORM: City Attorney u.