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HomeMy WebLinkAboutResolution No. 5816 (Landscaping and Gardening Workshops)RESOLUTIO1 NO. 5816 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with John Bennett, Landscaping and Gardening Workshops at the San Rafael Community Center a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a --regular _ meeting of the City Council of said City held on Monday the 19th _ day of November 19 79 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LEOtiC I N I , City Clerk I(L"v, I N A I , CITY OF SAN RAFAEL RECREATION DEPARTMENT SAN RAFAEL, CALIFORNIA CONTRACTUAL AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF SAN RAFAEL, hereinafter referred to as "CITY" and Jnhn Bennett hereinafter referred to as "CONTRACTOR", both of whom understand as follows: 1. It is agreed that the terms of the Agreement are as :follows: a. Description of work Instructor:Landscaping & Gardening Workshops b. To be rendered at San Rafael Community Center C. Days and time work is to be rendered Saturdays, 1-2:30pm d. Program will commence on November 17, 1979 e. Program will terminate on ,Tine 31 , 19$ 2. It is agreed that the following shall be payment in full to the undersigned for any work rendered hereunder and that payments shall be made as hereunder indicated 70% to the instructor at the first payday after the class session is completed; 30% to City of San Rafael. 3. It is understood that where compensation to the undersigned is based on gross receipts from participants in the City program activity here involved, the charge to the individual participant shall be as follows: $10.1 participant per session (Materials supplied by participants) 4. It is agreed that a minimum number of registered program participants shall be required and that the individual fees charged participants shall cover the operational costs related to the activity. 5. It is understood that Contractor is an independent contractor, not an employee, and therefore, Contractor and Contractor's employees are not covered by Workers' Compensation Law or State Unemployment Insurance. 6. It is agreed that the undersigned shall supply and furnish all necessary work, labor and materials required to carry out this proposal. 7. This Agreement may be amended or terminated by the mutual consent of the parties hereto and may be cancelled by either party upon 15 days' notice. Y. Y 8. It is understood that the City shall have the right to terminate this Agreement at any time it is determined that the conditions of this Agreement have not been adhered to or that its continuation is not in the best interest of the City. 9. Contractor hereby agrees to, and shall, hold City, its officers, agents and employees, harmless and indemnify from any liability for damages or claims for personal injury or property damage or claims for personal injury or property damage, which may occur as a result of any action of the Contractor or his employees or agents, and Contractor agrees'to and shall defend City and its officers, agents and employees from any suits or actions at law by any person including Contractor or his employees or agents for damages caused, or alleged to have been caused by any reason occurring as a result of services or action by the Contractor. UNDERS I GNED,� OFFER'" "' DATE SUBMITTED gBy s h/ CITY OF/SAN RAFAEL B _< DATE ACCEPTED: November 19, 1979 _ L WRENCE E. MULRYAN , MAYOR ATTEST: 4JNE�!M. LEONCINI, CITY CLERK APPROVED AS TO CONTENT: � .;BJELSER, CITY M APPROVED AS TO FORM: Vv Tr�l�r. DMUND A. DU G , CITY ATTORNEY Irz