HomeMy WebLinkAboutContracts & Agreements_173-2007_CCv0001.pdf Independent Contractor Agreement - Tessa Zurtuche - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City
Council unanimously approved an independent contractor agreement with
Tessa Zurtuche to provide online driver's education courses at the
Redlands Community Center.
PLANNING AND COMMUNITY DEVELOPMENT
Density Bonus Housing Agreement - Housing Authority Partners 1, Inc. -
Community Development Director Shaw reported on June 19, 2007, the City
Council approved multiple requests to allow for the development of a 71-unit
senior housing complex on approximately 3.63 acres located on tile east side of
Webster Street, north of Lugonia Avenue. On staffs recommendation, the City
Council continued, to this time and place, consideration of a Density Bonus
Housing Agreement to allow a 35 percent increase above the maximum
residential density permitted by the Medium-Density Residential General Plan
designation and the R-2 (Multiple Family Residential) District zoning proposed
for the project site, and including two development incentives that would allow
a reduction in the required parking and allow buildings to exceed the maximum
linear dimension requirement. Because the project is designed for low- or very-
low income seniors, it is eligible for this incentive. The Redevelopment Agency
is working concurrently on additional incentive agreements. These agreements
should be consistent with the density bonus agreement. Since final concurrence
has not yet been reached on the Redevelopment Agency incentive agreements,
staff is recommending the density bonus agreement be tabled. Councilmember
Gilbreath moved to table the density bonus agreement with Housing Partners 1,
Incorporated for Assessor's Parcel No. 167-201-68. Motion seconded by
Councilmember Gil and carried unanimously. Councilmember Gil asked that an
update be provided on the next City Council's Consent Calendar to keep
Councilmembers informed of the progress of the negotiations.
COMMUNICATIONS
Meeting Attendance - In accordance with Government Code Sections 53232,2
and 53232.3, Mayor Pro Tern Gilbreath reported on her attendance at the League
of California Cities Annual Conference held on September 5-8, 2007, in
Sacramento and provided written information for Councilmerribers and staff.
Appointment - Street Tree Committee - Mayor Harrison moved to appoint
Paul C. Woltze to serve the remainder of an unexpired term on the Street Tree
Committee ending February 16, 2011. Motion seconded by Councilmember
Gilbreath and carried unanimously.
Cite Couzhcil Liaisons - Inland Empirc�Le7islative Task Force - Mayor Harrison
moved to reconfirm the appointment of Councilmember Pete Aguilar to serve
September 18,2007
Page 4
PNIDEPENDEN'T CONTRACTOR AGREEMENT
This agreement is for the provision of Online Drivers Education Courses
("Agreement") is made and entered into this 18'h day of September, 2007 ("Effective
Date") by and between the City of Redlands, a municipal corporation (hereinafter "City")
and Tessa Zertuche of All Good Drivers Corporation, an individual (hereinafter
"Contractor"). City and Contractor are individually sometimes referred to herein as a
"Party" and, collectively, as the "Parties."
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting
Online Drivers Education Courses for City's Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite
experience, special knowledge and professional expertise similar to others in the
recreation industry who conduct Online Drivers Education Courses-,
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the City of Redlands and Tessa Zertuche agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct Online Drivers
Education Courses for City's Recreation Division (the "Services"). Contractor shall
determine the method, details and means of performing the Services and shall advise City
of the same prior to commencing any activities under this Agreement. Contractor further
agrees to perform the Services to the best of its ability and in an efficient, safe and
competent manner.
B. Online Drivers Education Courses are a State of California-required
course for teens to take in.order to be eligible to get their driver's permit. Courses will be
internet based with no formal meeting time or room.
C. As compensation for conducting Online Drivers Education Courses, City
shall register participants and collect registration fees for participants in Contractor's
program. City shall pay Contractor seventy-five percent (75%) of the fees collected no
later than fourteen days after the registration period ends. Contractor shall be responsible
for payment of 100% of a refund fee to qualified participants. City shall have no
obligation for refunds.
Section 2. Independent Contractor. It is the express intention of the Parties that
Contractor is and shall remain during the term hereof, an independent contractor and not
be an employee or agent of City. Nothing in this Agreement shall be interpreted or
construed as creating or establishing the relationship of employer and employee between
Contractor and City. The Parties acknowledge that Contractor is not a City employee for
State tax, Federal tax or any other purpose.
Section 3. Contractor's Employees. No other employees or agents of Contractor shall
zn
participate in the performance of Services without the prior written consent of City.
Section 4. Business License. Contractor shall obtain a City of Redlands business
license as a pre-condition of performing the Services.
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. Indemnitv. 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 negligent act or omission of
Contractor in performing the Services.
Section 7. Entire Agreement/Amendment. This Agreement represents the entire
Agreement of the Parties hereto as to the matters contained herein. Any amendment of
this Agreement shall be effective only if it is in writing and signed by the Parties.
Section 8. Assignment. This Agreement shall not be assigned without the prior
written consent of City. Any assignment, or attempted assignment, without such prior
--n
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 obtain and maintain during the term of this
Agreement, all insurance required by this Section and shall submit to City certificates of
insurance and appropriate endorsements evidencing that the insurance is in force and
effect. Evidence of such insurance shall be provided to City concurrent with Consultant's
execution of this Agreement. Acceptance of the certificates by City shall not relieve
Contractor of any of the insurance requirements contained herein, nor decrease the
liability of Contractor.
(a) If applicable, workers' compensation and employer's liability insurance
for its employees throughout the terms of this Agreement pursuant to
Labor Code Sections 1860 and 3700, and in amounts which satisfy
statutory requirements.
(b) Comprehensive and general liability insurance with a carrier acceptable to
City in an amounts not less than One Million Dollars ($1,000,000)per
occurrence and Two Million Dollars ($2,0001,000) aggregate for public
liability, property damage and personal injury. Such insurance shall not
be cancelled unless thirty()0) days prior written notice: is provided to
City=.
(c) Business automobile liabilit t nth minimum hm�ts of ne
Million Dollars " t } )00) per occurrence, combined single limit for
e� bodil liability and property damage liability.
U
(d) Except for the workers' compensation and employer's liability insurance,
City shall be named as an additional insured on all policies and such
insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City.
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, including
fees for in-house counsel of Party at rates prevailing in San Bernardino County, L
California.
Section 11. Hold Harmless and Indemnification. Contractor shall indemnity,
hold harmless and defend City and its elected officials, employees and agents from and
against any and all claims, losses or liability, including attorneys' fees, arising from
injury or death to persons or damage to property occasioned by any negli(yen t act,
omission or failure to act by Contractor, its employees and agents in performing the
Services. V
CITY 9FEDLANI S
6 Date September 18, 2007
Jon`Harrison, kfayor
ATTEST:
t, rriet*_ rk -------
CONTRACTOR:
._ . ....,'` �
Tessa Zertuche, Instru or