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HomeMy WebLinkAboutReso 1971-6080r RESOLUTION N0. 6080 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER AND TF3E DIRECTOR OF PARKS AND RECREATION TO EXECUTE CONTRACTS NOT INVOLVING PUBLIC MONEY FINANCING FOR INDEPENDENT CONTRACTORS FOR PERFORMANCE OF SPECIALIZED RECRE- ATIONAL SERVICES The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Parks and Recreation Department from time to time conducts certain specialized recreational programs contracting with parties specially trained or experienced in conducting such programs, and WHEREAS, the funding of such programs is paid from a new Recreation Trust Fund account which does not consist of public monies, and WHEREAS, it is desired to enter into a contract in each case establishing clearly the relationship of the independent con- tractor with such parties so that there will be no question of said relationship and no liability to the City, and WHEREAS, said contract and authorization of the City Council to execute same is recommended by the City Attorney, and WHEREAS, a form of such contract is marked Exhibit "A" and attached hereto and incorporated herein the same as if set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that the City Manager and the Director of Parks and Recreation be, and they are hereby authorized to execute the form of contract attached hereto as Exhibit "A" to engage independent con- tractors to perform specialized recreational work for the Parks and Recreation Department. Presented by r ~, f 1` l.l.~~+i i~'Zr..L. Y William G. Jasinek, Lirector of Parks and Recreation Approved as to form by George Lindberg, City Atto ey ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th day of June , 19 71 , by the following vote, to-wit: AYES : Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton NAYES : Councilmen None ABSENT: Councilmen None C (r ,,'~~, ~" ayor of the City of Chula Vrs;: ATTE / ~' City Clerk STATE OF CALIFORNIA j COUNTY OF SAN DIEGO ~ ss. CITY OF CHULA VISTA j Iq JENNIE M,, FULASZn City Clerk of the City of Chula Vista; Californian DO HEREBY CERTIFY that the above and foregoing is a full; true and correct copy of , and that, the same has not been amended or repealed,. DATED; City Clerk CONTRACT This Agreement is made this day of , 197 , at the City of Chula Vista, County of San Diego, State of California, between the City of Chula Vista, hereinafter called City, and the independent contractor, , hereinafter called Contractor. City is engaged in the business of providing instruction and guidance to City residents and maintains recreation areas in the City of Chula Vista, County of San Diego, State of California. 1. NATURE OF AND PLACE OF SERVICE. City does hereby engage and hire contractor as a at and Contractor does hereby accept and agree to such hiring and engage- ment. Subject to -the supervision and pursuant to the orders, advice, and direction of City, Contractor shall and shall perform such other duties as are customarily performed by one holding such position in other same or similar businesses or enterprises as that engaged in by City, and shall keep in order during use area assigned for instruction. It is further understood and agreed that services provided herein are provided by the contractor in the capacity of independent contractor and that no employer/employee relationship exists by virtue of this agreement. 2. PERFORMANCE OF DUTIES TO REASONABLE SATISFACTIOTI OF CITY. Contractor agrees that he will at all times faithfully, indus- triously, and to the best of his ability, experience, and talent, perform all of the duties that may be required of and from him pur- suant to the express and implicit terms hereof, to the reasonable satisfaction of City. Such duties shall be rendered at and at such other place or places as City shall in good faith require or as the interests, needs, business, and opportunities of City shall require or make advisable. 3. DURATION OF CONTRACT. The term of this agreement shall be for a period of weeks, commencing on 197 and terminating 197_, subject, however, to prior termination as hereinafter provided. 4. PAYMENT AND REIMBURSEMENT. City shall pay Contractor and Contractor agrees to accept from City, in full payment for Contractor's services hereunder, compensation at the rate of payable on the same days City's employees receive compensation. 5. COMMITMENTS ,BINDING ON CITY ONLY ON WRITTETd COTJSEi1T. Anything herein contained to the contrary notwithstanding, it is expressly understood and agreed that Contractor shall not have the right to make any contracts or commitments for or on behalf of City without the written consent of City. - 1 - 6. W1~.IVER OR MODIFICATION IN"r~FFECTIVE UnLESS III WRITING. It is further agreed that no waiver or modification of: this agreeme~zt or of any covenant, condition, or limitation herein con- tained ,hall be valid unless in writing and duly executed by the party to be changed therewith and that no evic~ence in ar~y proceeding, arbi- tratian, or l~_tigation between the parties hereto arising out of or affecting this agreement, or the rigY~ts or obligations of any party hereunder, unless such waiver. or :modification is in writing, duly executed as aforesaid, and the parties further agree that the pro- visions c•f this paragraph may not be waived except a_~ herein set forth. 7. CONTRACT GOVERNED BY LA47 OF STATE OF CALIFORNl'A. The parties hereto agree that it is t:neir intention ar_d covenant that this agreement and performance hereunder and all suits and sr~ecial uroceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of California a.nd t'_.at in any action, special proceeding, or other proceeding that may be b.r_ought, arising out of, in connection with, or ':~y reason of this agreement, the laws of the State of California shall be applicable and. shall govern to the exclusion of tYie law of a.ny other forum, without regard. to the jurisdiction in which any actior: of special proceeding m~:y be instituted. 8. INDEMNITY CLAUSE. Contractor agrees to indemnify and save harmless tY~.e City o.f Chula Vista from and against ail claims, suits, damages, costs, losses and expenses in any manner resulting from, arising nut of, or connected with his scope of responsibility. William G. Jasinek, Director of narks and Recreation, or Agent John R. Thomson, City Manager or Agent Contractor~~ Approved as to form by George D. Lindberg, City Attorney - ?. - __._ _ . `' _ (o DY 0 ~ ~,