Golden Tiger Martial Arts-2004-27 'Jhis agreement is made between the City of Grand Terrace (herein referred to as the "CITY") and
Srand Terrace Martial Arts (herein referred to as "GTMA") for personal services rendered to the City
as skilled sports instructors.
1. GTMA is working as an independent contractor and is responsible as a self-employed person
to remit any federal or state taxes and to provide for his/her own Workers Compensation,
Unemployment Insurance coverage, Social Security, Liability, and other such coverage.
Evidence of liability insurance shall be filed with the Community Services Department prior to
use of City Facilities.
2. GTMA agrees to instruct classes in: see attachment according to the following scheduled:
see attachment
3. All registration forms and class fees are to be,collected by the CITY. The CITY will have
each student sign a waiver every month on their tuition receipt and will provide and updated
class roster on the first four (4) classes of the month and/or when a new student has joined
class. GTMA total compensation for services rendered under this agreement shall be the
equivalent of seventy-percent (70%) total fees received. The remaining thirty-percent (30%)
shall be paid to the CITY to off set administrative costs, secretarial services, and facilities
maintenance. See attachment for specific payment schedule
4. GTMA is responsible for all expenses of instruction including substitute teachers, assistant
teachers, instructional supplies and materials, publicity and transportation.
In the event GTMA is unable to teach class due to illness, or any emergency, the following procedure
shall be adhered to:
A. GTMA shall procure a substitute teacher, equally or better qualified
to instruct class at the prescribed time and place.
B. GTMA shall provide the CITY with a list of names and phone
number of qualified substitute teachers who be called upon should
the regular instructor be absent.
C. If a substitute cannot be procured on a short notice, class will be
cancelled. GTMA shall be-responsible for notifying the students
and the Community Services Department of the cancellation.
See attachment
5. GTMA hereby agrees to hold the CITY and their officers, employees, and agents free, clear
and harmless from any and all claims, damages, or litigation arising out of GTMA performance
of this agreement.
6. This agreement shall be an,an and is subject to cancellation at any time by
either party submitting a 60-5 written notification of such cancellation.
1
I hereby certify that I have read, understand, and agree to the above
g provisions, and to the
"rules and Regulations for the Use of City Facilities", which are attached to this agreement.
Senior Instructors Name: Phone#
Address City Zi
P
Instructor's Signature Date
Approved by Date
Assistant City Manager
Insurance policy#
Policy Expiration Date
l Name of Insurance company
J Phone #
Mail Complete form to: Community Services
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, Ca 92313 Staff Verification of Insurance
Certificate
RULES AND REGULATIONS FOR USE OF CITY FACILITIES
1. GTMA agrees to use the CITY facilities on "an as-is basis and GTMA shall indemnify and
hold harmless the CITY and their officers, employees, and agents, from and against any
and all claims, demands, losses, legal and investigation expenses, or liability of any kind of
nature which the CITY or their officers, employees, and agents may sustain or incur, or
which may be alleged as to them, or imposed upon them for any alleged injury to, or death
of persons, or damage to Agreement, the providing of instruction pursuant to the
Agreement , or with the occupancy and use of the premises and facilities by GTMA, their
officers, employees, agents, concessionaires, patrons, or visitors, except liability arising out
of the sole negligence of the CITY.
2. GTMA shall maintain comprehensive general liability insurance, naming the CITY and their
officers, employees, and agents,as additionally insured, covering all activities.associated
with the use of CITY facilities in the amount of$1,000,000. A copy of the insurance must be
submitted with the original contract prior to approval. If GTMA is unable to obtain required
insurance, CITY will obtain, with the premium being deducted from GTMA percentage.
Prior to the CITY obtaining insurance for the.Martial Arts program they are required to give
GTMA a 10-day written notice to produce evidence.of insurance.
3. GTMA shall provide CITY, as part of this agreement, an original Certification of insurance
evidencing coverage required by this agreement. Insurance coverage must cover all
instructors, assistants or substitutes. The procuring of such required policy shall not be
construed to limit GTMA's liability not to fulfill indemnification provisions and requirements
/ of this agreement. The liability insurance policy required by the agreement shall contain
the following clause:
A. "All rights of subrogation are hereby waived against the City of Grand Terrace, City
Council, and elective or appointed officers or employees when acting within the
scope of their employment or appointment." -
B. "it is agreed that any insurance maintained by the City of Grand Terrace will apply in
excess of, and not contribute with, insurance provided by this'policy."
C. "The above described policies will not be cancelled, limited or non-renewed until
after (30) days written notice has been given to the Assistant City Manager of The
City of Grand Terrace."
4. GTMA shall obtain and maintain a current business license.
5. Classes shall not be held on CITY recognized holiday. Class fees are based on an
average of 8 classes per month. GTMA in conjunction with the CITY does not charge extra
for the months that have 9 or 10 classes and does not discount tuition for the months that
have 7 classes. If there is a make up class owed to the student and the previous month or
next month has more than 8 classes the extra classes will be counted as the make up
class. If this is not the case a make-up class will be scheduled with in the session or a
credit will be issued towards the next months class fees.
7. GTMA must begin and end classes promptly according to the time agreed upon in the
contract. A fifteen minute shared transition period is allowed before and after classes.
Failure to abide by agreement may result in cancellation or non-renewal of contract.
�. CITY shall collect class fees from the students. The cut off date for fee collected to be paid out
to GTMA within the calendar month is the tenth (10th). CITY shall mail a check for 70% of the
collected fees to GTMA at: 3365 N. Stoddard Ave. San Bernardino, CA 92405 no later than
the fourth (4th) Friday of the month.
9. GTMA must submit any promotions, publicity, or written material for classes city
administrative staff for approval at least ten (10) days prior to use of such.
10. Classes may be cancelled if they consistently fall below the minimum agreed number of
students.
11. GTMA is responsible for setting up and taking equipment necessary for classes, including but
not limited to, tables, chairs, exercise mat, or exercise platforms.
12. CITY is responsible for making sure that the carpet is vacuumed and free of sharp objects.
The room is to be clear of tables and chairs.
13. Distribution and/or sales of personal or professional items not related to martial arts are NOT
permitted. Martial arts uniforms, belts, training equipment can be sold to students. The CITY
will not receive a split on any equipment sales.
114. Storage of equipment is NOT allowed unless previous arrangements have been made.
J A. GTMA request to store 3-4 re-breakable boards and 1-2 blockers in the closet.
15. Classes are to be held every Tuesday and Thursday in the meeting room across from the
library. Classes are currently held during the hours of 4:00 PM to 7:00 PM. This time can be
extended as the program grows.
16. Upon signing of this contract the CITY will issue payment within 10 business days to GTMA for
70% of the class fees that were collected between June 1, 20.04 and November 9, 2004. The
check will be issued payable to Grand Terrace Martins:. ... - -
17. CITY will pro-rate tuition for students who sign up for class after the first week of the month
according to the following fee schedule.
Week of sign-up ' Amount to charge
Week 1 Tiger or family $55.00
Week 2 Tiger or family $41.25.
Week 3 Tiger or family $27.50
Week 4 Tiger or family $13.75
Week 1 Age 7 -Adult $65.00
Week 2 Age 7 -Adult $48.25
Week 3 Age 7 -Adult $32.50
\ Week 4 Age 7 -Adult $16.25
CS-TC.-ZbCY-4,/ *
FROM FAX NO. Dec. 07 2000 01:06AM P1
4'9 7yA AA�y r7pl,den Tiger Martial Arts
3267 N. "E" Street San Bernardino, CA 92405
(909)881-9603 Phone (866)237-2114 Fax
June 28, 2007
City of Grand Terrace
AV
Dear Steve Berry,
The intent of this letter is to give 30-day notice to terminate the martial arts
f' ;H' P g Y Y
ro ram. The final day of class will be Jul 31 .
We have used all of our marketing strategies that have worked in the past, and
are currently working in San Bernardino; however the program has seen a steady
decline in enrollment this year. Bottom line is that the program is not generating
...Ilc"t,
enough revenue to sustain itself. 1 am sure in the future, the demographics of the
city will once again support a martial arts program, and we look forward to the
opportunity to work with the city again.
41.
1:: •.�;.ti .L
Golden Tiger realizes that many students have dedicated years of training_ We
feel wrong abandoning the students and their dream of earning a black belt. San
Bernardino studio is willing to honor the current Grand Terrace tuition. This is
:;;;:`;;ii3 '�;;•< nearly half of what other students pay and.will hopefully allow an opportunity for
1Gs1, , them to earn a black belt.
.;i�=;•�.tit,i.:
.o �1wi ttl�!yhI;.l , n Again, thank-you for the opportunity to work with you during the past several
y the support you have given to our program-
;�Fr•,:ss:; ;!;rc3 ears and for all h r
• ',��'-:.; ;� Sincere Wrence
M�m�ep
Kevin Bjur
Golden Tiger Martial Arts
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