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Home My WebLink About1980-08-05; City Council; Resolution 6261$ 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6261 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BE- TWEEN 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, loes hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad md the Carlsbad Senior Citizens’ Association, copy of which is lttached hereto marked Exhibit “A” and incorporated herein by reference, is hereby approved, 2. That the Mayor of the City of Carlsbad is hereby authorizec 2nd directed to execute said agreement for and on behalf of the 2ity of Carlsbad, PASSED, APPROVED AND ADOPTED at a regular meeting of the City Zouncil of the City of Carlsbad, California held on the 5th day 3f August , 1980, by the following vote, to wit:: Council Members Packard, Casler, Anear and Kulchin AYES: NOES: None ABSENT : Counci 1 Member Lewi s .aK RONALD C. PACKARD, Mayor 1TTEST: ALETHA L. RAUTENKRANZ, City Cler& 0 EXHIBIT A RESOLUTION NO. 6261 AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD SENIOR CITIZENS' ASSOCIATION. THIS AGREEMENT is made on this 1st day of July, 1980 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 nonprofit corporation (hereinafter referred to as "Contractor '' ) . WITNESSETH: WHEREAS, the City is engaged in programs to help meet the needs of WHEREAS, contractor is willing to perform certain services for residents of the City over the age of fifty-five years of age; and 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 pendant Contractor to provide services in connection with the City's Senior Citizens' program; WEREAS, the City Council has approved the employment of an inde- 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. b. C. d. 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. The Senior Center shall operate in space approved- or allo- cated by the City Council. Employ or have voluntary competent personnel to properly carry on the activites contemplated by this agreement. Direct established programs of stated objectives, including methods by which objectives are to be accomplished. The established programs shall include the following objectives: (1) Information and Referral, (2) Educational Activities and (3) Social Activities. Develop new programs to meet the established needs of senior citizens. Objectives to include needs assessment, goals, objectives, action steps and evaluation procedures for each program. e. f. g* Submit an "Annual Statement of Carlsbad Senior Citizens' Association Services to the City," outlining the specific scope and nature of programs to be rendered to the City. The Annual Statement of Carlsbad Senior Citizens' Associ- ation Services to the City shall be divided into district programs. Submit written reports to the City Manager on a monthly basis of all activities and programs involving senior citizens carried out by the Contractor, including the activities of the full-time executive direction. These reports shall be due by the 15th of the month for the preceding 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. 2. Payment. Payment to the Contractor by the City shall be made on a monthly basis at the rate of one-twelth of the amount approved by the City Council during fiscal year. Payment shall be made upon receipt by City of a written claim from the Contractor showing the work performed for the previous nonth. 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. execution of this agreement by the Mayor of the City. This agreement shall be automatically renewed on July 1 of each year upon approval by the City Council of the "Annual Statement of Carlsbad Senior Citizens' Association Services to the City" of the City operating budget appropriating funds for payment under this agreement, unless the City or the Contractor serves 30 days written notice of its desire to renegotiate or cancel their agreement. In the event the City does not approve the Annual Statement of Carlsbad Senior Citizens' Association Services to the City or or before July 1 of each year, this agreement shall terminate unless extended by mutual agreement between the City and Contractor. 1 3. Term. The agreement shall be effective upon the date of and adoption 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 .this agreement or thereof. c 5, Equipment Inventory. City may assign certain City owned equip- ment to Contractor. Contractor shall be responsible for all assigned Cdty equipment and shall submit an inventory of all itmes to the City Manager as part 03 the last monthly report during the term of this agree- ment 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. 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. All employees, if any, 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 contractural relationship be created by this agreement between City and any third party. 7, Hold Harmless Agreement. The City, its agents, its officers and employees shall not be liable for any claims, liabilities, penalties, fines of 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 indemnity and save free and harmless the City and its authorized agents, officers and employees, 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. 8. Assignment of Contract. The Contractor shall not assign this contract or any part thereof or any monies due or to become due there- under without prior written consent of the City. assignment shall not be deemed to be a consent to any subsequent assign- ment. Contractor shall not subcontract any of the services contemplated in this agreement without the expressed written consent of the City. consent to one subcontract shall not be deemed to be a consent to any subsequent subcontracts. delivered in person or sent by mail. Notices to Contractor shall be addressed: A consent to one A 9, Notices, All notices required herein shall be in writing and Notices to City shall be addressed: City Manager, 1200 Elm Avenue, Carlsbad, California 92008 President, Board of Directors The Carlsbad Senion Citizens’ Association 258 Beech Avenue Carlsbad, California 92008 0 e IN WITNESS WHEREOF, the parties hereto have executed this agreement "On the day and year first above written. CITY OF CARLSBAD, A Municipal Corporation af the State of California . APPROVED AS TO FORM::