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HomeMy WebLinkAboutResolution No. 5746RESOLUTION NO. 5746 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with County of Marin: Community Contract Service Agreement for funding for Terra Linda Senior Citizens Program for August, 1979 through June, 10-80. a_copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday the 20th day of August 19 79 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryat NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None EANNE M. LEONCINI, City Clerk 01- lq-J-.j �1 v "--AL l��✓ • .e 4 Terra Linda SP.nior Citizens Program COMMUNITY CONTRACT SERVICE AGREEMENT THIS AGREEMENT, made and entered into this to be filled in by County day of f1ti , 1979, by and between the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "County," and City of San Rafael , hereinafter referred to as "Contractor," W I T N E S S E T H: In consideration of the mutual promises and covenants hereinafter contained, the parties hereto do agree as follows: 1. Contractor shall, in a satisfactory and proper manner as determined by County, supply all necessary facilities, supplies and staff required for satisfactory performance of, and shall perform those certain services described and set forth in, the Program Description attached hereto as Exhibit A and made a part hereof. Said program shall be available to any resident of Marin County who is eligible under the standards specified in Exhibit A. 2. The parties hereto agree that this Agreement shall not be construed as creating an employment or agency relationship, but that Contractor is ail independent f)-ci,rY c, contractor. In this connection, all personnel staffing the programs enumerated 79 U rlein shall be employees of Contractor,or its delegate agencies. It is understood and agreed that County shall have no direct control of or responsibility for cmployees of Contractor or its delegate agencies. -2- 3. In consideration of Contractor operation of the aforesaid services, . t County agrees to pay Contractor or its designated fiscal agent the sum of not to exceed $ 1,915 , said sum to be payable on demand as follows, subject to timely receipt of required reports and to compliance with insurance requirements as hereinafter provided: Within 10 days of execution of this Agreement - $ 478.75 October 1, 1979 - $ 478.75 January 2, 1980 April 1, 1980 - $ 478.75 - $ 478.75 Payments due under the above schedule shall be reduced, however, by any payments to Contractor by County made prior to execution of this Agreement in support of the program or programs enumerated herein. 4.Contractor shall expend the funds in accordance with the Program Budget attached hereto as Exhibit B and made a part hereof and shall submit to County quarterly financial reports showing expenditures Contractor of the funds payable hereunder on behalf of the various programs. Contractor shall render a final accounting not later than July 15, 1980. Should Contractor's expenditure of County funds hereunder be less than the amount payable hereunder, Contractor shall return the difference to County not later than August 1, 1980. 5. Contractor agrees that the amount specified .in paragraph 3 above shall be reduced by the amount of any funds not specified in Exhibit B received by Contractor from any governmental body or public or private organization, including the United Way or the San Francisco Foundation, when such funds are provided for the purpose of supporting the identical program and level of service described in the attached Exhibit A. Contractor further agrees that it shall promptly report the receipt of any such funds to County. 6. Contractor shall maintain on a current basis complete program and financial records and accounts, to assure proper accounting'of the expenditure of a -3 - funds 3 -- funds and the performance of services pertaining to this Agreement. Contractor shall retain said records for three years after the expiration or terminntion of this Agreement unless permission to destroy them is granted in writing; by County. 7. Should County wish to do so, it may undertake an independent audit and/or evaluation of Contractor's records and accounts of expenditures and program activities at its own expense, and Contractor agrees to furnish all items necessary in County's discretion to complete said audit and/or evaluation, subject to restrictions on confidentiality as may be required by law. Said audit and/or evaluation may include but shall not be limited to the expenditure or receipt of program funds, program quality, the number and service characteristics of Contractor's clientele, and the relationship of Contractor's services to services provided by other agencies in the community. 8. None of the services described in Exhibit A shall be subcontracted nor shall any interest in this Agreement be assigned by Contractor without the prior written consent of County. 9. The County of Marin and its contractors and/or sub -contractors will not discriminate against any individual employed in the performance of this Agreement, or against any applicant for employment, based on sex, race, creed, color, age, national origin, or handicapping condition. This requirement shall apply to, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. Contractor shall, in the performance of this Agreement, comply with all applicable laws, ordinances, regulations and codes of the Federal, State and local governments. CLAL 11. None of the funds, materials, property or services contributed by the County or the Contractor under this Agreement shall be used in the performance of this Agreement for any partisan political activity, to further the election or defeat of any candidate for public office, or for any religious worship, instruction or prose lytization. 12. Contractor shall indemnify, defend and hold harmless the County of Marin, its officers, agents and employees, from any and all claims, liabilities or causes of action, including contractual claims for injuries or death to persons, or damage to persons or property, arising out of or in connection with the organization, promotion or operation of any program funded pursuant to this Agreement. In this connection, Contractor agrees to maintain public liability insurance with limits of $100,000 per person acid $300,000 per accident for bodily injury, and $25,000 for property damage, naming the County of Marin and its officers, agents and employees as additional insureds during the term of this Agreement. Prior to payment of any or all claims under this Agreement, Contractor shall provide County with evidence of said insurance by filing with County and keeping up-to-date a certificate by the insurer to the effect that the insurance required by this Agreement is extended in favor of "the County of Marin, its officers, agents, and employees." Said certificate shall further state the insurance policy number, the effective dates (both commencement and expiration) of the policy, the kinds and levels of insurance provided, and that the policy provides that notice of cancellation, termination, or any material change in coverage shall be delivered to County ten (10) days in advance of the effective date of such cancellation, termination or change. 13. This Agreement, including the Exhibits attached hereto and made a part hereof, can be amended only by written agreement of the parties hereto. 14. This Agreement shall continue from Aug. 1, 1919 to June 30, 1980, unless earlier terminated as hereinafter provided. Either party hereto shall have -5 -- the right to terminate this Agreement at any time upon giving the other party hereto at least 30 days' written notice prior to the effective date of such termination. In the event of termination, then County's obligation to Contractor hereunder shall terminate forthwith, and Contractor will no longer be obligated to operate said programs, with the exception that Contractor will still be obligated to provide and/or maintain the reports and audits provided for in Sections 4, 6 and 7. 15. Without prejudice to the foregoing, Contractor agrees that if, prior to the termination or expiration of this Agreement, it is determined by County, upon any final or interim audit by County, that Contractor shall have failed in any way to comply with any requirements of this Agreement, then Contractor shall forthwith bring itself into compliance and shall pay to County forthwith whatever sums are so disclosed to be due to County or shall, at County's election, permit County to deduct such sums from whatever amounts remain not yet disbursed by County to Contractor pursuant to this or any subsequent Agreement; or if this Agreement shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, the Contractor shall pay to County forthwith whatever sums are so disclosed to or determined by County to be due to County. In the event of litigation between County and Contractor arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees from the other party in such an amount as may be fixed by the court. 16. This Agreement shall not be assigned without the prior approval of the Board of Supervisors of the County of Marin. its: 17. Notice under this Agreement shall be delivered to County in care of Department of Health & Human Services Room 284, Civic Center San Rafael, CA 94903 -G - and to Contractor at: IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. ATTEST: Clerk COUNTY OF MARIN By �4 7—. CONTRACTOR City of San Rafael Agency Name Signature andTitle) Mayor Attest: '