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Home My WebLink AboutContracts & Agreements_97-1997SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FEDERATION RECREATION INSURANCE PROGRAM APPLICATION AGENCY: City of Redlands MAILING ADDRESS P.O. Box 3005 CITY Redlands ZIP 92373 Julie Lentz 798-7547 CONTACT PERSON: TELEPHONE (909) FAX NAME OF PROGRAM /4'4/7 / i Il --- Sc-A- % !°�%r i i r4- NAME OF INS I'RUCTOR(S) jai l c !f (/ ,�y f r� 6,t f/, E,% ]INS IRUCTOR ADDRESS: 7/u3 ()Anti s,.. CITY// /' it(ZIP C793'a CLASS LOCATION(S) 6: /9 y1 74i214 C/ )mot 1 7-f <-4/T"f ✓ BEGINNING DATE END DATE NUMBER OF REGIS I EKED PARTICIPANTS: ANY LOSSES IN THE PAST FIVE YEARS? • IF YES, PLEASE COMPLE 1"E: Date of Loss Description Amount Paid Amount Reserved PAYMENT AMOUNT: $ ) Eaclosed z ) Bill Agency Plr e� provide the following: • A copy of standard contractual agreement between agency and instructor. (sample) ® A copy of the waiver & release form between the agency and the participant. (sample) o A copy of the class brochure or flyer. • Exact Wording for Additionally Named Insured. City of Redlands Applicants Signature' Title Instructor Date ,/C/ 7, ' 7 Mail or Fax Application and Materials to SCMAF: SCMAF Recreation Insurance Program P.O. Box 3605 So. El Monte, CA 91733 (818) 448-0853 FAX (818) 448-5219 INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 22nd day of October, 1997 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Richard Gallow, an individual, (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting group Karate classes for the City of Redlands Recreation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise similar to others in the industry conducting Karate classes; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Richard Gallow hereby agree as follows: AGREEMENT Section 1. Services. A. City hereby authorizes Contractor to develop and conduct karate classes for City's Recreation Division. Contractor shall determine the method, details and means of performing the above -described services and vise City of same further agrees o performrior to such servicestocommencing he best activities under this Agreement. Contractor of its ability and in an efficient, safe and competent manner. B. The karate classes shall be open to the public. Classes shall be scheduled on Mondays 5:00-7:00 p.m. every week in the Community Center Multi -purpose room. City facilities shall be left clean upon completion of each class. C. As compensation for conducting the karate classes, 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 refunds to participants. 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 1 MPOO5LE Section l0 Attorneys' interpret the terms costs or other relief, be entitled CITY OF REDLANDS Swen Larson, Mayor ATTEST: Deputy City Clerk Fees. In the event any action is commenced to enforce or or conditions of this Agreement the prevailing party shall, in addition to any to recover its reasonable attorneys' fees. jiatik244,' Richard Ga k v/ Contractor MPOO5LE Date October 21, 1997 Date 3/ ,/ 3 II/ L4. : h-Ljr1 MA I f4:13/13.11"`IS4 06: 810-37741 MAC, AMD PRnW,Pl< PAGE 0 2 /ti a'747371.7:,14 tLL 12/3Q/97 APO '-a---rr-22;Ai-;;;;;s11-70,, kr-gt.7`7,171. VI eaWii724X-TE CV107-aW.-Te,"7. &'-`717CC--fV,LZ rev -i-wz AERZROW T.,...Mg!WEIXMCE7-4 Chri p:We P.O. 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Rzdlap.dz, GA 99374 UE.70 7-WASira :Van"; SV Sen W•717E'..46,1," kV= 0.1,N,LL q-'44 - -5 Agreement - Design of Colton Avenue and Wabash Avenue Intersection - Mayor Larson prefaced his motion by saying he was pleased to see a local firm located in Redlands for 75 years be successful in being awarded this contract. On motion of Councilmember Larson, seconded by Councilmember Gilbreath, the City Council unanimously approved a consultant services agreement between the City of Redlands and Hicks and Hartwick, Inc. for the design of improvements to the intersection of Colton Avenue and Wabash Avenue. Proclamation - Child Health Month - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved a proclamation declaring October as Child Health Month and encouraged all citizens to pledge their support of initiatives that reduce access to tobacco products by children and adolescents. Lease Agreement - Carriage House at Prospect Park - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved a lease agreement between the City of Redlands and Caleb Woolard for rental of the Carriage House in Prospect Park. Friends of Prospect Park located Mr. Woollard to act as a live-in caretaker for the Carriage House. Master Lease Amendment No. 5 - Redlands Municipal Airport - Responding to an inquiry by Mayor Larson, Public Works Director Mutter assured Council the vending machines proposed will only dispense items like candy and coffee - cigarettes will not be dispensed from these machines. On motion of Councilmember Larson, seconded by Councilmember Gilbreath, the City Council unanimously approved Master Lease Amendment No. 5 with Redlands Aviation, granting Redlands Aviation the right to place vending machines in the public lobby at Redlands Municipal Airport. Fifth Street Electrical Project - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an additional appropriation requested by the Downtown Redlands Business Association totaling $10,600.00 to pay for electrical upgrades to Fifth Street. Agreements - Recreation Division - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved independent contractor agreements between the City of Redlands and Mark West to conduct archery classes at Brookside Park and Richard Gallow to conduct karate classes at the Community Center. October 21, 1997 Page 3 INDEPENDENT CONTRACTOR AGREEMENT This Agreement is made and entered into this 21st day of October, 1997 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Mark West, an individual, (hereinafter "Contractor"). RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting an archery program for the City of Redlands Recreation Division; and WHEREAS, Contractor has represented to City that it has the requisite experience, special knowledge and expertise similar to others in the industry conducting archery classes; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Mark West hereby agree as follows: AGREEMENT Section 1. Services. A. City hereby authorizes Contractor to develop and conduct an archery program for City's Recreation Division. 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. B. The archery program shall include training for youth and adult participants. Programs may be scheduled the first Sunday per month in the northeast corner of Brookside Park. Facilities shall be left clean upon completion of each class. C. As compensation for conducting the archery program, 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 refunds to participants. 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. A listing of all Contractor's employees and agents who may participate in the performance of Contractor's obligations hereunder is attached hereto as Exhibit "A" and incorporated herein by this reference. 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 obtain and maintain during the term of this Agreement, all insurance required by this Section and shall submit to City Certificates of Insurance is in force. Evidence of such insurance shall be provided to City concurrent with 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) Workers' compensation and employer's liability insurance. (b) Comprehensive automobile and general liability insurance in amounts not less than $500,000 for each. Such insurance shall not be cancelled unless thirty (30) days prior written notice is provided to City. (c) 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' interpret the terms costs or other relief, be entitled CITY OF REDLANDS Fees. In the event any action is commenced to enforce or or conditions of this Agreement the prevailing party shall, in addition to any to recover its reasonable attorneys' fees. Date October 21, 1997 ATTEST: City Clerk Date Mark West, Contractor MPOO5LE 3 Fifth Street Electrical Project - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an additional appropriation requested by the Downtown Redlands Business Association totaling $10,600.00 to pay for electrical upgrades to Fifth Street. Agreements - Recreation Division - On motion of Councilmember Gilbreath, ,seconded by Councilmember Gil, the City Council unanimously approved independent contractor agreements between the City of Redlands and Mark West to conduct archery classes at Brookside Park and Richard Gallow to conduct karate classes at the Community Center. Lease Agreement for GTE Facilities at Sunset Reservoir - This item was previously reviewed and continued by the City Council on August 5, 1997. Staff negotiated annual adjustments for inflation based on an index over the lease period. The five-year lease agreement was also revised by the City Attorney and the annual lease payment increased from $500.00 to $530.00 per year to allow for the projected increase in the CPI. This will be the first rental increase since the original agreement approved in 1977. On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved a lease agreement beginning September 16, 1997 and ending September 15, 2002, between GTE California Incorporated and the City of Redlands for facilities at Sunset Reservoir. Appointment - Recreation Advisory Commission - Michael Schneider was unanimously appointed to the Recreation Advisory Commission to fill the unexpired term of Diane Neustadter to June 30, 1999, on motion of Councilmember Gilbreath, seconded by Councilmember Gil. Resolution No. 5423 - Amendment to Redlands Sphere of Influence to include Greenspot Area - Community Development Director Shaw reported that at the last City Council meeting staff was directed to initiate proceedings to seek an amendment to the Redlands Sphere of Influence to include the Greenspot Area. An application to the Local Agency Formation Commission was submitted October 8, 1997. Adoption of a resolution by the City Council requesting LAFCO to commence proceedings is now required. Mapping provided by staff prior to the meeting was updated and replaced at the meeting. On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved Resolution No. 5423, a resolution of the City Council of the City of Redlands requesting the Local Agency Formation Commission to commence proceedings for the periodic review and expansion of the Redlands Sphere of Influence. October 21, 1997 Page 4