HomeMy WebLinkAboutContracts & Agreements_40-2004_CCv0001.pdf Agreement - BuildinLy A Generation - On motion of Councilmember
George, seconded by Councilmember Harrison, the City Council
unanimously approved an independent contractor agreement with Building
A Generation to partner with local churches in high risk areas to do
computer classes for children and youth.
COMMUNICATIONS
Community Development Department - High Priority List - Community
Development Director Shaw presented a revised list of high priority projects
reflecting the City Council's discussion at their workshop session held on
February 3, 2004. Councilmember Harrison felt the auto mall project and noise
ordinance projects would not impact the Planning Division staff at this time and
urged the General Plan Update and Rural Development Standards and Rural
Living Zone be added as a high priority. Following discussion, COUncilmernber
I Z:I
Gilbreath moved to approve the revised list of high priority projects by deleting
the auto mall and noise ordinance and adding the General Plan Update and
Rural Development Standards and Rural Living, Zone. Motion seconded by
Councilmember Harrison and carried unanimously.
Appointments - Housing Commission - Mayor Peppler moved to nominate Alen
Ritchie and Sandra Olguin for reappointment to four-year terms on the Housing
Commission. Motion seconded by Councilmember Harrison and carried
unanimously.
UNFINISHED BUSINESS
Heritage Park - Shone House -Public Works Director Mutter reported an update
from the Redlands Heritage Park Ad Hoc Committee was presented to the Parks
Commission, and an item was placed on the City Council agenda for February
17 relating to Heritage Park. One part of this is to see if money can be
appropriated from park development fees to do some basic planning for
Heritage Park. He explained that sufficient funds are available in the Park
Development Funds. The second part is potentially accepting the donation by
the Redlands Community Hospital of the Shone House located at 220 Terracina
Boulevard. The hospital needs to move the house from the site by this summer
and there are several people interested in the house. Since there are more viable
options available to the Redlands Community Hospital to re-locate and save the
house, it was recommended no action be taken on this donation offer.
Councilmember Harrison moved to direct staff to hire a consultant to provide an
update to the Redlands Heritage Park Concept Plan, authorize the use of Park
Development Funds for this purpose and to address in the scope of services how
this park might fund itself. Motion seconded by Councilmember George and
carried with Councilmembers Gilbreath and Peppler voting NO as neither was
March 2, 2004
Page 3
INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 2nd day of
March 2004 by and between the City of Redlands, a municipal
corporation (hereinafter "City" ) and Building A Generation
(hereinafter "Contractor" ) , pursuant to Resolution No. 6191
dated August 5, 2003 .
RECITALS
WHEREAS, Contractor has expressed an interest in partnering
with local churches in high risk areas to do computer classes
for children and youth
WHEREAS, Contractor has represented to City that it has the
requisite experience, special knowledge and expertise similar to
others in the industry partnering with churches to provide
computer classes
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and Contractor hereby agree as
follows :
AGREEMENT
Section 1 . Services .
A. City hereby authorizes Contractor to partner with
churches to provide computer classes for children and youth.
Contractor shall determine the method, details and means of
performing the above-described services and shall advise City of
the same prior to commencing any activities under this
Agreement. Contractor further agrees to perform such services
to the best of its ability and in an efficient, safe and
competent manner. The churches that will be providing basic to
intermediate computer classes will take place at Micah House
located at 611 Chapel Street; Redlands Christian Center - 804
Church Street; and Community Presbyterian Church - 320 West
Union.
B. Computer classes will be provided for children and
youth after school or during hours that the identified
facilities are open for the computer classes. Programs may be
scheduled once to five times a week based on the needs the
community identifies . Facilities shall be left clean upon
completion of each class .
Section 2 . Independent Contractor. It is the express
intention of the parties hereto that Contractor is an
independent contractor and not an employee or agent of City.
Nothing in this Agreement shall be interpreted or construed as
creating or establishing a relationship of employer and employee
between Contractor and City. Both parties acknowledge that
Contractor is not an employee for State tax, Federal tax or any
other purpose.
Section 3 . Contractor' s Employees.
No other employees or agents of Contractor shall participate in
the performance of services hereunder without the prior written
consent of City.
Section 4 . Business License. Contractor shall obtain a
Redlands Business license, as a condition of performing the
services required hereunder.
Section 5 . Termination. City shall have the right to
terminate this Agreement, with or without cause, upon twenty
(20) days prior written notice to Contractor. City shall have
no liability for any claims or damages resulting to Contractor
as a result of any exercise by City of its right to terminate
this Agreement.
Section 6 . Indemnity. Contractor shall defend, indemnify
and hold City, its elected officials, officers, employees and
agents harmless from and against any and all actions, damages,
losses, causes of action and liability imposed or claimed
relating to the injury or death of any person or damage to any
property, including attorney' s fees and other legal expenses,
arising directly or indirectly from any act or omission of
Contractor in performing its services hereunder.
Section 7 . Entire Agreement/Modification. This Agreement
represents the entire Agreement of the parties hereto as to the
matters contained herein. Any modification of this Agreement
will be effective only if it is in writing and signed by the
parties hereto.
Section 8 . Assignment . This Agreement shall not be
assigned without the prior written consent of City. Any
assignment, or attempted assignment, without such prior consent,
shall be null and void and, at the option of City, result in the
immediate termination of this Agreement.
Section 9 . Insurance. Contractor shall provide insurance
coverage for program participants . Contractor shall be
responsible for paying all costs associated with insurance
coverage.
Section 10 . Attorneys ' Fees. In the event any action is
commenced to enforce or interpret the terms or conditions of
this Agreement the prevailing party shall, in addition to any
costs or other relief, be entitled to recover its reasonable
attorneys ' fees .
CITY OF REDL
7"4S
Date— Marc-b 2 ., 2004
,-SuO– n Pepple'r, M yor
ATTEST:
Lorrk /Poyzer,
,�)Clerk
P,
CONTRACTOR:
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411Vf V- f4�W, Date
Nancy Pimentel,
Executive Director
Building A Generation