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Golden Tiger Martial Arts-2008-15 (STCi2(�`cr 15 THE BE MOUNTAIN CITY fALIf0RNIA This agreement is made between the City of Grand Terrace (herein referred to ;as the "CITY") and Golden.Tiger 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 schedule: see attachment "A" 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 an 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 "A" 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. Student supplies shall be the responsibility of each student. 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 proscribed time and place. B. GTMA shall provide the CITY with a list of names and phone numbers of qualified substitute teachers who may 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 "A" ' 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 effective for one calendar year and is subject to cancellation at any time by either party submitting a 60-day written notification of such cancellation. I ' - I I-hereby certify that I have read, understand, and agree to the above 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 Zip Instructor's Signature Date Approved b ° Date ryor Maryetta Ferre, City of,Grand Terrace Insurance policy# Policy Expiration Date Name of Insurance company Phone # Mail Complete form to: Community Services; City of Grand Terrace 22795 Barton Rd. Grand Terrace, Ca 92313 -Staff Verification of Insurance Certificate i , i Attachment "A" 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. 8. CITY shall collect.class fees from the students. The cut off date for fees collected to be paid out to GTMA within the calendar month is the tenth (10". CITY shall mail a check for 70% of the collected fees to GTMA at: 3267 North E Street. San Bernardino-, CA 92405 no later than the fourth (4t'' ) Friday of the month. 9. GTMA must submit any promotions, publicity; or written material for classes;to park 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 down equipment necessary for'classes, including but not limited to, tables, chairs, exercise mat, or exercise platform. 12.CITY is responsible for making sure that the carpet is a 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 and fitness materials can.-be sold to students. The CITY will not receive a split on any equipment sales. 14.Storage of equipment is NOT allowed unless previous arrangements have been made. A. GTMA requests to store 10 wood boards, 4 focus targets, x-ray paper and 1-2 blockers in the closet. 15.Classes are to be held in the Community Room room across from the library during mutually agreed upon hours. This time can be extended with the approval of Community Services as the program grows. 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 Single student $80.00 Week 2 Single student $60.00 Week 3 Single student $40.00 - Week 4 Single student $100.00 Week 1 Family of 2 $140.00 Week 2 Family of 2 $105.00 Week 3 Family of 2 $70.00 Week 4-Family of 2 $175.00 Week 1 Family of 3 $200.00 Week 2 Family.of 3 $150.00- Week 3 Family of 3 $100.00 Week 4 Family of 3 $250.00