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HomeMy WebLinkAbout1982-076I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 82-75 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOE CLOUGH RELATING TO A BOXING PROGRAM FOR SAN BERNARDINO YOUTH AGES 7 TO 25 YEARS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with Joe Clough relating to a boxing program for San Bernardino youth ages 7 to 25 years, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 1.th day of February 1982, by the following 28 11City to wit: AYES: Council Members Castaneda, Reilly, Hobbs Strickler NAYS: Council Member Botts ABSENT: Council Member Hernandez The foregoing resolution is hereby February , 1982. as to form: i I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 82-75 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOE CLOUGH RELATING TO A BOXING PROGRAM FOR SAN BERNARDINO YOUTH AGES 7 TO 25 YEARS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City an Agreement with Joe Clough relating to a boxing program for San Bernardino youth ages 7 to 25 years, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 1.th day of February 1982, by the following 28 11City to wit: AYES: Council Members Castaneda, Reilly, Hobbs Strickler NAYS: Council Member Botts ABSENT: Council Member Hernandez The foregoing resolution is hereby February , 1982. as to form: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A G R E E M E N T (boxing instructor) THIS AGREEMENT is made and entered into this ,W;J_ day of 1982, by and between the CITY OF SAN BERNARDINO,I a municipal corporation, ("City"), and JOE CLOUGH, an individual, ("Contractor"). The parties agree as follows: 1. Duties of Contractor. (a) Contractor shall perform boxing training for San Bernardino youth ages 7 to 25 years. (Amateur participants only.) Contractor shall comply with and enforce all safety rules established by City. (b) Contractor shall be in charge of all financial arrangements for the program such as fund raising, collection of fees, maintaining records and accounting for all receipts, and paying funds collected to the City Treasurer. (c) Contractor shall be in charge of all part-time staff and volunteers working in the program such as recruiting, designating job duties, time cards, scheduling working hours. (d) Contractor shall maintain individual records of each participant such as registrations, physical examinations, membership cards updating, consultation reports, step-by-step program for advancement in training and competitions. (e) Contractor shall maintain an inventory of existing equipment and future equipment purchased. City will furnish initial equipment listed on Attachment A. (f) Contractor shall schedule all exhibitions, meets or shows with the approval of the City Park and Recreation I Department. 2 (g) Contractor shall provide written monthly status 3 reports due the first week of each month to the Park and 4 Recreation Department concerning how the program is progressing 5 and recommending such changes in the rules, regulations, and 6 operation of the program as he may believe to be required. 7 (h) Contractor shall cooperate with the City's effort to 8 maintain the site and equipment to the standard safety level 9 required. 10 (i) Contractor shall immediately initiate actions to 11 accomplish the program elements listed in Attachment B with an 12 overall goal of enabling the boxing program to operate 13 independently and without direct financial assistance from the 14 City after July 1, 1982. 15 2. Maintenance and Custodial Care. City agrees during the 16 term of this agreement to provide maintenance and custodial care 17 as contained in the Health and Safety Code of the State of 18 California and as deemed reasonable and necessary by City's 19 Recreation Superintendent. 20 3. Payment by City. City shall pay Contractor for all his 21 services the sum of $1,350.00 per month, not to exceed $6,750.00, 22 for a period of five months commencing February 1, 1982. 23 Contractor shall submit a claim or demand for each monthly 24 payment. City shall pay Contractor's claims promptly within the 25 period of time City normally uses for processing such claims. 26 4. Term. This agreement is for a period of five months 27 commencing February 1, 1982. 28 5. Hours of Performance. Contractor shall devote a minimum -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 of 160 hours per month in the performance of his duties. thstanding the foregoing, Contractor shall devote all hours necessary to the project to insure adequate performance. Contractor shall maintain and keep adequate books and records on a current basis recording all time and monies expended by him in a form satisfactory to City and in accordance with generally accepted accounting principles. Books and records and all supporting details shall be made available to City for purposes of audit at all reasonable times and places. Books, records and supporting materials shall be maintained by Contractor for such periods of time as are required by law, or for at least three years after the termination of this agreement, whichever period is longer. 6. Tournaments and Clinics. Contractor, during the course of this agreement, may be absent to attend clinics, camps and tournaments not to exceed seven days during the 5 -month period. Contractor may do so by requesting clearance from the Recreation Superintendent two weeks prior to such absence. 7. Unilateral Termination. This agreement may be terminated with or without cause by either party upon thirty days' written 21 11notice to the other. This agreement may be terminated forthwith 22 23 24 25 26 27 28 City if Contractor fails to provide services as agreed. 8. Contractor's Professional Status. Contractor accepts the relationship of trust and confidence to be established between him and the City. Contractor covenants with City that he will exercise his best professional skill and judgment in furthering the interest of City. City shall not have the right to supervise or direct Contractor with respect to his performance of the -3- I provisions of this agreement. Contractor shall be at all times 2 herein an independent contractor and not an employee or agent of 3 City. 4 9. Assignability. The experience, skill and expertise of 5 Contractor is of the essence of this agreement. Contractor shall 6 not assign (whether by assignment or novation) this agreement or 7 delegate his duties hereunder in whole or in part or any right or g interest hereunder without the prior written consent of City. 9 10. Amendment. This agreement may be amended or modified 10 only by written agreements signed by both parties. Failure on the 11 (part of either party to enforce any provision of this agreement 12 shall not be construed as a waiver of the right to compel 13 enforcement of such provision or provisions nor act to release any 14 surety from its obligations under this agreement. 15 11. Hold Harmless. Contractor hereby agrees to, and shall, 16 hold City, its elective and appointive boards, commissions, 17 officers, agents and employees, harmless from any liability for 19 damage or claims for damage for personal injury, including death, 19 as well as from claims for property damage which may arise from 20 Contractor's operations under this agreement. Contractor agrees 21 to, and shall, defend City and its elective and appointive boards, 22 commissions, officers, agents and employees from any suits or 23 actions at law or in equity for damages caused or alleged to have 24 been caused by reason of Contractor's performance hereunder 25 including any claims that may arise against City by reason of 26 Contractor's legal relationship with City being categorized as 27 other than that of an independent contractor. 28 12. Liability Insurance. Contractor agrees to procure and as 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 maintain in force during the term of this agreement and any extension thereof, at its expense, public liability insurance in companies and through brokers approved by City, adequate to protect against liability for damage claims through public use of or arising out of accidents occurring as a result of the boxing program in a minimum amount of at least $500,000 combined single limit. Contractor shall provide to City a certificate of insurance and an additional insured endorsement which provides: (a) The City of San Bernardino as an additional insured. (b) The insurance company name, policy number, period of coverage and the amount of insurance. (c) That the City Clerk of the City of San Bernardino must be given notice in writing at least thirty days prior to cancellation, material change or refusal to renew the policy. (d) That Contractor's insurance will be primary to any coverage the City of San Bernardino may have in effect. 13. Notices. All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino Joe Clough Recreation Superintendent 1019 North 6th Street 300 North "D" Street Redlands, CA 92373 San Bernardino, CA 92418 IN WITNESS WHEREOF, the parties have executed this agreement the date hereinabove written. A ty -5- 1 2 3 4 APpr 5 fj 6 City 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Ii 2 II. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 i 22 23 24 25 26 27 28 TOTAL $3283.00 ATTACHMENT "A" L each set of 14 oz. training gloves $ 40.00 L each set of 12 oz. training gloves 40.00 4 each headgear ($20.00 each) 80.00 4 each headgear (need some repair) ($10.00 each) 40.00 7 each leather skip ropes w/bearings ($7.00 each) 49.00 B pair of bag gloves ($8.00 each) 64.00 6 each heavy bags ($40.00 each) 240.00 3 each speedbag platforms w/swivels 150.00 . 3 each exercise tables 60.00 1 pair punching glove mitts 20.00 1 stationary boxing ring 1000.00 1 portable boxing ring 1500.00 TOTAL $3283.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT B BOXING PROGRAM ELEMENTS A. Structure 1. The program shall be a non-profit organization. 2. The program shall be self supportive. 3. The program shall be a City-wide amateur boxing program. 4. It shall serve San Bernardino City youth ages 7 to 25. 5. Operation of the boxing program facility will generally be on weekdays between noon and 8:00 P.M. and weekends as required, 6. Membership shall be free except that members may be re- quired to furnish insurance, mouth piece, cup and supporter. 7. Program objectives will be to provide boxing instruction, conditioning, training and skill development. 8. Emphasis will be placed on safety, physical fitness, self discipline and sportsmanship. 9. Exhibitions, meets and competitions will be scheduled on a regular basis. B. Board of Directors 1. A Board of Directors shall be established. 2. The Board shall be composed of community representatives. 3. The Board shall conduct regular monthly meetings open to the public. 4. The Board shall establish, review and revise policies and procedures of the program. 5. The Board shall manage the business and finances of the program. 6. The Board shall conduct fund raisers and generate revenue; to support the program. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. The Board shall assign all salaries and fees. 8. The Board shall designate a Program Director. _. Program Director 1. The Program Director and his staff shall report to the Board and receive direction from the Board regarding all aspects Df the program. 2. The Program Director shall design and conduct training. 3. The Program Director shall be responsible for all opera- tional matters including registration, physical examinations, in- surance and competition. 4. The Program Director shall be responsible for maintaining all records associated with the program and provide a report to the Board as required. 5. Program Director shall devote a minimum of 160 hours a to his duties. 6. Leaves of absence shall be taken only with prior noti- fication and approval of the Board of Directors. 7. The Program Director shall supervise all part-time staff and volunteers.