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.
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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
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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