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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