HomeMy WebLinkAbout8263RESOLUTION NO 8263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
DELEGATING AUTHORITY TO THE CITY MANAGER FOR APPROVAL
OF THE RECREATION DIVISION'S STANDARD FORM OF INDEPENDENT
CONTRACTOR AGREEMENT
WHEREAS, the City customarily enters into Independent Contract Agreements for the
provision of services for recreational programs and classes held at the City's Community Center,
Joslyn Center, and Senior Center which add to the wide array of City -offered classes and, the
costs for the same, which are funded by a Statewide Industry Standard obtained from the
California Parks and Recreation Society; and
WHEREAS, the services proposed within these Independent Contractor Agreements will
enhance the number of programs offered by the City; and
WHEREAS, in consultation with the City Manager, the Finance Director, and the City
Attorney, City staff will annually review its list of Recreation Division's Independent Contract
Agreements to ensure that the City Council's policy and goals established by this resolution are
attained, and
WHEREAS, this City staff has further recommended that the City Manager be delegated
the authority to approve and execute the Recreation Division's standard form of Independent
Contractor Agreement, provided they are in a form substantially consistent with this Resolution,
and
WHEREAS, the City Council finds, to increase efficiency and to expedite the process of
the procurement and approval of Independent Contractor Agreements associated with
recreational services and programs provided, it in the best interests of the City to implement City
staff's recommendation and adopt this Resolution,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as
follows
Section 1 The City Council hereby determines that approval of this Resolution is
exempt from environmental review pursuant to section 15061(b)(3) of the State Guidelines
implementing the California Environmental Quality Act, as approval of this Resolution will not
cause a direct physical change to the environment, nor a reasonably foreseeable indirect physical
change to the environment.
Section 2 The City Council hereby authorizes the City Manager to approve the
Recreation Division's standard form of Independent Contractor Agreements for recreational
services and programs, which is substantially in the form attached hereto as Exhibit "A."
Section 3 The form of the agreement attached hereto as Exhibit "A" may be
amended from time to time by City staff, with the consent of the City Attorney and without
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further City Council action, to conform with new law and to reflect the best practices of the
recreational industry If such form is subsequently amended, within ten (10) days thereof, written
notice of the same shall be provided to the City Council and the City Clerk, and the City Clerk
shall substitute the amended form for that which is then attached to this Resolution
ADOPTED, SIGNED AND APPROVED this 18th .ay of Januar 2022
Paul T Barich, Mayor
ATTEST
nne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing
resolution was duly adopted by the City Council at a regular meeting thereof held on the 18th day
of January, 2022
AYES Councilmembers Tejeda, Davis, Guzman -Lowery, Gallagher, Mayor Banch
NOES None
ABSENT None
ABSTAINED None
e Donaldson, City Clerk
EXHIBIT "A"
INDEPENDENT CONTRACTOR AGREEMENT FOR RECREATIONAL
SERVICES AND PROGRAMS
[ATTACHED]
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INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of instruction classes ("Agreement") is made
and entered into this day of , 20, ("Effective Date") by and between the
City of Redlands, a municipal corporation (hereinafter "City") and , an
individual (hereinafter "Contractor") City and Contractor are sometimes individually referred to
herein as a "Party" and, together, as the "Parties."
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting
instruction classes 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 instruction classes services,
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
and Contractor agree as follows
AGREEMENT
Section 1 Term. The term of this Agreement shall commence on the Effective Date
of this Agreement and be for a period of one (1) year, unless earlier terminated as provided for
herein.
Section 2. Services.
A. City hereby engages Contractor to develop and conduct
instruction classes for the City's Recreation Division (the "Services") The
instruction classes shall be conducted at the Redlands Community Center Contractor shall
determine the method, details and means of performing the Services and shall advise City of the
same prior to the provision of any Services 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 The Services may be scheduled by Contractor for any times, during business
hours, depending upon the availability of the City facility
C As compensation for providing the Services, City shall register participants and
collect registration fees for participants in Contractor's program. City shall pay Contractor
seventy percent (70%) of the fees collected no later than twenty-one (21) days after the
registration period ends Contractor shall be responsible for payment of one hundred percent
(100%) of the fees paid by a participant in connection with any refund to the participant. City
shall have no obligation for refunds.
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Section 3. Independent Contractor. It is the express intention of the Parties that
Contractor is and shall remain during the term of this Agreement, an independent contractor and
not be an employee or agent of City Contractor represents to City that is free from the control of
City as to how Contractor's Services are provided, the Services provided by Contractor are not
part of City's regular business, and that Contractor is providing same or similar Services to other
persons and entities through Contractor's own business, or through other businesses, and that
Contractor agrees its provision of the Services pursuant to this Agreement is not Contractor's
sole source of business. 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 4. Publicity. Contractor -created marketing materials must be approved in
writing by City before distribution and use City reserves the right to broadcast, televise and
photograph class participants for the purpose of marketing.
Section 5. Contractor's Employees. No other employees or agents of Contractor shall
participate in the performance of the Services without the prior written consent of City
Section 6. Business License. Contractor shall obtain a City of Redlands business
license as a pre -condition of performing the Services.
Section 7. 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 8. Notices. Any notice or other communication required, or which may be
given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed
delivered (i) on the date of delivery in person, (ii) five (5) days after deposit in first class
registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with
an overnight courier, or (iv) on the date sent by facsimile or electronic mail transmission
(including PDF), if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail, in each case properly posted and fully prepaid to the appropriate
address set forth below, or such other address as a Party may provide notice in accordance with
this section.
CITY CONTRACTOR.
City Clerk
City of Redlands
PO Box 3005
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone (909) 798-7531
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Section 9. 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 attorneys' fees and other legal expenses, arising
directly or indirectly from any negligent act or omission of Contractor in performing the
Services.
Section 10. Entire Agreement/Amendment. This Agreement represents the entire
Agreement of the Parties 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 11. 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 12. 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 within fifteen (15) days of the Effective
Date of this Agreement, and prior to commencement of any Services 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 term 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 ($2,000,000) aggregate for public liability, property damage and personal injury Such
insurance shall not be cancelled unless thirty (30) days prior written notice is provided to City
C Except for 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 13. 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 use of
in-house counsel by a Party
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CITY OF REDLANDS CONTRACTOR
Charles M. Duggan, Jr City Manager
ATTEST
Jeanne Donaldson, City Clerk
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