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Home My WebLink AboutContracts & Agreements_141-2004_CCv0001.pdf y ME AGREEMENT TO PROVIDE STAFF SUPPORT SERVICES CITY OF REDLANDS RECREATION BUREAU FOR THE This Agreement is made and entered into this 21s" day of September, 2004, by and between the City of Redlands, a municipal corporation (hereinafter "City") and Re Yucaipa Guidance Clinic Association, hereinafter(uRYGCA"). dlands In consideration of the mutual promises,covenants and conditions hereinafter set forth, City and RYGCA hereby agree as follows. ARTICLE 1 -ENGAGEMENT OF RYGCA 1.1 City hereby engages RYGCA to provide staff support for 10 hourser month period of ten months ("Services"), for City's Friday Night Teen Activities program ("Program") to be conducted at the onia.,City's Community Center111 WLu Avenue, g 1.2 The Services shall be performed by RYGCA in a professional manner, and represents that it has the skill and the professional expertise necessary to provide high quality Services fYGCA or the Program at the level of competency presently maintained b other practicing professional consultants in the industry providing like and similar types of services. ARTICLE 2 - SERVICES OF RYGCA 2.1 RYGCA shall provide staff support for 10 hours per month for 10 months. A work schedule will be agreed upon by Deborah Sutton,RYCGA Prevention Coordin orand Denny Sattler,Recreation Superintendent. 2.2 RYGCA shall assist City in preventing drug and alcohol abuse by conducting participant behavior evaluation intervals will be mutually established between RYGCA and City,to assess individual and social development progress. In addition to reporting monthly numbers of students served and numbers of referrals made, RYGCA will conduct pre/post behavior reduction of risk factors that impeded academiero ress. p g ARTICLE 3 -RESPONSIBILITIES OF CITY 3.1 City shall make available to RYGCA information in its possession that is the performance of RYGCA's Services, pertinent to i 1 3.2 City designates Denny Sattler,Recreation Superintendent, with respect to performance of the Services. p tendent,to act as its representative ARTICLE 4 - PERIOD OF SERVICE 4.1 RYGCA shall perform the Services in a diligent manner and shall commence City's execution Of this Agreement and shalt be completed no later than June 30 upon 2005. ARTICLE S - PAYMENTS TO CITY 5.1 The total funds to be provided by RYGCA to support Friday Night activities preventing alcohol and drug use shall not exceed $10,000. Teen Night 5.2 City shall provide an invoice to RYGCA within ten days following the close month,for ten months, in the amount of$1,000. Payments by RYGCA to City shall be made within 30 days after receipt and approval ofCity's invoice,by warrant payable to City. P Y 5.3 All contractual notices, bills and payments shall be made in writing and m ay by personal delivery or by mail. Notices, bills and payments sent by mail sha given be addressed as follows: ll be ON Redlands Yucai a Guidance Clinic Denny Sattler Association Inc. Recreation Superintendent Robin Aaron, Chief Executive Officer Recreation Bureau 1323 W. Cotton Avenue PO Box 3005 Redlands, CA 92374 Redlands, CA 92373 Tax ID Number: 23-7030171 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances,notices, bill and payments shall be deemedgiven at the time of actual delivery. Changes may be made in the names and addresses ofthe person to whom notices,bills and payments are to be given b of the this paragraph. g� y giving notice pursuant to ARTICLE lr-INSURANCE AND INDEMNIFICATION 6•1 RYGCA shall maintain worker's compensation insurance and in addition, maintain insurance to protect City from claims for damage due to bodi n shall ly personal injury and death,and claims for injury to or destruction of tangible pro lr pe � 2 sem. �y while performing the Services. The public liability and Property shall be in a minimum combined single Limit of$1,000 000 and damage insurance RYGCA shall provide automobile liabiliin the aggregate. Protect City from claims for damage due o Bodin injuaddition,shall maintain insurance to and claims for injury to or destruction of tarn bli- -��'-�'-personal injury and death, g� P P h3' while performing-th .. Services. Said public liability and property damage insurance shall be in a minimum combined single limit of 52,0000009 and in the aggregate. RYGCA shall maintain professional liability insurance in the aggregate amount Of$190009000 with a minimum of$500,000 per occurrence. Automobile liability shall be in a minimum 5500,000 blanket, and $509000 per occurrence. City shall be named as an additional insured under all policies for public liability,Property damage and comprehensive automobile liability and professional liability insurance,and such insurance shall be primary respect to City and non-contributing to any insurance or self-insurance maintained with the City. RYGCA shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6•2 RYGCA shall indemnify, hold harmless and defend City and its electofficers,agents and employees from and against all claims,losses,damages,cchaMi r a expense, to which it or any of them may be put or subjected to the extent thatthey g arise out of or result from any willful or negligent act or actions,omission or at to act on the part of the RYGCA, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services. ARTICLE ?- GENE CGNSIDERATIONS 7.1 In the event any action is commenced to enforce or interpret any of the term conditions of this Agreement the Prevailinga s or other relief, be entitled to the recovery of its reasonable attorneys' fees.to any costs and 7.2 RYGCA shall not assign any of the Services,except with the prior written a r City and in strict compliance with the terms PP oval of Agreement. , provisions and conditions of this 7.3 RYGCA is for all purposes an independent contractor. All personnel employed RYGCA are for its account only, and in no event shall RYGCA or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of or on behalf of City. 7.4 Nothing in this Agreement shall give RYGCA authority with respect t decision beyond the Services. P o any City res mµµ ------------- 7.5 Unless earlier terminated, as provided for below, this s June 30,2005. Agreement hall terminate on 7.6 This Agreement may be terminated by either party, without cause b (10) days prior written notice to the other(delivered by certified mail, return Providing t requested) of intent to terminate. P 7.7 Upon receipt of a termination notice, RYGCA shall 1 ly services affected, and (2) deliver or otherwise make available to roCi y discontinue all , copies hard copy and electronic form,where applicable), of all information and material both have been accumulated by RYGCA in performing the Services. hat 7.8 This Agreement, including the attachments incorporated herein by reference represents the entire agreement and understanding between the parties and any prior negotiations, proposals or agreements are superseded by this amendment to this Agreement shall be in writinga Agreement. �„y and signed by City and RYGCA. 'approved by the City Council ofCity 7.9 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the Ci signed in confirmation of this Agreement. t}' and RYGCA have City of Redlands Redlands Yucaipa Guidance Clinic Assn.,Inc. By: 4usaPepp'laer By: Ma or Robin Aaron Chief Executive Officer ATTEST: Cit�lerk _ i 4