1999-218 Parks Dept. Agreement w_ Joint School District No. 2RESOLUTION NO Zig
BY: 6/emsZ ��/ey
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND
PURPOSES IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF THE ATTACHED EXHIBIT "A"
AGREEMENT FORM; GRANTING THE AUTHORITY TO THE
PARKS AND RECREATION DIRECTOR TO ENTER INTO, ON
BEHALF OF SAID MUNICIPALITY, AGREEMENTS
ENTITLED "INDEPENDENT CONTRACTOR AGREEMENT"
AND"RENTAL AGREEMENTS"BETWEEN THE CITY OF
MERIDIAN, LESSEE, AND THE CONTRACTOR, LESSOR.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION 1: FINDINGS-.
WHEREAS, the Council finds that an integral part of the
programming of the Parks and Recreation Department is the presentation
of recreational programming that requires the hiring of independent
contractors who have special expertise and skill to conduct certain
program offerings, and to contract with the Joint School District No. 2
for suitable premises to conduct certain recreational program offerings;
and
RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
PARKS AND RECREATION DIRECTOR TO ENTER INTO AN
INDEPENDENT CONTRACTOR AND RENTAL AGREEMENT
WHEREAS, it will be necessary for the City to contract with
numerous persons as independent contractors to perform such services;
and
WHEREAS, it is the duty and responsibility of the Director
of the Parks and Recreation Department to oversee and direct
recreational programming; and
WHEREAS, for reasons of time constraints and ease of doing
business it is in the best interests of the City for the City Council to grant
to the Parks and Recreation Director authority to enter into certain form
contracts for independent contractor services and contracts for rental of
School District facilities for the conduct of recreational programs.
SECTION 2. GRANT OF AUTHORITY TO PARKS AND
RECREATION DIRECTOR:
2.1 The Parks and Recreation Director is hereby authorized
to enter into on behalf of the City Independent
Contractor Agreements in the form and manner of
Exhibit "A" attached hereto with qualified person(s) to
provide recreational program services and to enter into
Rental Agreements in the form and manner of Exhibit
"B" attached hereto with Joint School District No. 2 to
provide recreational program facilities so long as said
agreements are within the recreational budget
appropriation for the 1998/99 fiscal year.
2.2 The Parks and Recreation Director shall provide an
original of any agreement signed under this
authorization to the City Clerk for filing with the
RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH 2
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
PARIS AND RECREATION DIRECTOR TO ENTER INTO AN
INDEPENDENT CONTRACTOR AND RENTAL AGREEMENT
official records of the City, and shall also notify the
City's insurance carrier of any and all agreements
signed under this authorization to assure insurance
coverage of all activities conducted pursuant to the
agreements.
2.3 The authorization terminates either upon City Council
action revoking this resolution or upon the end of the
1998/99 fiscal year, whichever occurs first.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN,
IDAHO, this 2N°day of %%?a�cly , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN,
IDAHO, this 2ND day of A - , 1999.
ATTEST:
CITY CLERK
MAYOR
[n
RESOLUTION OF THE CITY OF MERIDIAN, SETTING FORTH 3
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
PARIS AND RECREATION DIRECTOR TO ENTER INTO AN
INDEPENDENT CONTRACTOR AND RENTAL AGREEMENT
EXHIBIT "A"
INDEPENDENT CONTRACTOR AGREEMENT
Parties: City of .Meridian
Contractor
This agreement made this day of , 1999, by and
between the City of Meridian, a Municipal corporation organized and existing by
virtue of the laws of the State of Idaho, by and through its Parks and Recreation
Department, hereinafter referred to as "CYTY", and
hereinafter to as "CONTRACTOR"'.
1. Recitals:
1.2 The City conducts various programs as part of its Parks and Recreation
programming; and
1.3 In order to fully implement the recreational programming the City finds
it is necessary to retain the services of persons as independent
contractors who have the qualifications to provide: instructor,
supervisor, and/or other professional services in the performance of the
program; and
1.4 Contractor is qualified and has expertise to provide the services
hereinafter set forth and is willing to do so as an independent contractor
for the consideration hereinafter provided for.
In consideration of the mutual promises contained in this agreement, and of
the mutual benefit to be derived hereunder, the parties agree as follows:
2. Services to be provided:
Contractor shall provide the following service:
Independent Contractor Agreement - 1
3. Place of work:
Contractor service shall be provided at the location and times that are specified
in accordance with the City's recreational program, which is attached hereto marked
Exhibit "A"
3. Term:
4.1 This agreement shall be in full force and effect until the session for
which the service is being provided has concluded.
4.2 Either party may terminate this agreement for a failure of the other to
comply with the terms and conditions of this agreement and/or at the will of the
City.
4. Compensation:
The City shall pay to the Contractor for services rendered pursuant to this
agreement, as follows:
5. Materials and Equipment:
Contractor shall , or shall not be required (Put x in appropriate
space), to furnish, at Contractor's own expense, all materials, and/or equipment,
necessary to carry out the terms of this agreement.
6. Relationship between Parties:
The parties to this contract agree that the Contractor is a professional person,
self-employed, and that the relationship created by this contract is that of employer
and contractor. Contractor is not an agent or employee of employer and is not
entitled to the benefits provided by employer to its employees, including but not
limited to health, worker's compensation and unemployment insurance, and pension
or employee benefit plans.
Independent Contractor Agreement - 2
7. Worlc Standards:
Contractor shall control the conduct and means of performing the work
required under this contract. Contractor will adhere to the standard of care and
performance of a reasonable and prudent person of similar qualifications, training,
expertise, and if appropriately licensed, providing said services. Contractor shall be
free to contract with others during those periods when not performing under this
contract for employer.
8.
Terms to be Exclusive:
The entire agreement between the parties with respect to the subject matter
hereunder is contained in this agreement. Except as herein expressly provided to the
contrary, the provisions of this agreement are for the benefit of the parties solely and
not for the benefit of any other person, persons, or legal entities.
9. Waiver or Modification Ineffective unless in writing:
No waiver, alteration, or modification of any of the provisions of this
agreement shall be binding unless in writing and signed by a duly authorized
representative of both parties to this agreement.
10. No Assignment without Consent:
Contractor shall not assign this contract nor any of the rights and duties
hereunder without the prior written consent of employer.
11. Written Notice:
11.1 A11 communications regarding this agreement should be sent to
Contractor at [the address set forth abovel unless City is notified in
writing to the contrary.
11.2 Any written notice hereunder shall become effective as of the date of
mailing by registered or certified mail and shall be deemed sufficiently
given if sent to the addressee at the address stated in this agreement or
such other address as may hereafter be specified by notice in writing.
Independent Contractor Agreement - 3
12. Governing Law:
This Agreement shall be governed by the laws of the State of Idaho.
13. Attorney Fees:
In the event either party defaults in the performance or nonperformance of the
terms of this Agreement and it shall become necessary to resolve the default by any
course of legal action, whether the same be through litigation or by the intervention
of attorneys, the party determined to be at fault shall pay to the prevailing party
reasonable attorney's fees and all expenses and costs thus incurred.
Dated
CONTRACTOR PARKS AND RECREATION
DIRECTOR
msg/DAMyFiles\Meridian City File\ParksliNDEP CONTRACTOR AGMT.wpd
Independent Contractor Agreement - 4
EXHIBIT "B"
SCHOOL RENTAL AGREEMENT
Parties: City of Meridian
Joint School District No. 2
This agreement made this day of , 1999, by and
between the City of Meridian, a Municipal corporation organized and existing by
virtue of the laws of the State of Idaho, by and through its Parks and Recreation
Department, hereinafter referred to as "RENTER", and joint School District No. 2,
hereinafter referred to as "OWNER".
WITNESSED:
Public school facilities are hereby rented to the RENTER according to the
following schedule and terms:
1. Date/Place/Hours:
1.1 Date: MARCH 8, 1999 - JUNE 17 1999 /MONDAY -THURSDAYS
1.2 Place: Meridian Middle School CAFETERLA. and MAT ROOM
1.3 Hours: Between the hours of(VARIOUS) per individual requests
attached.
2. Equipment:
2.1 To be made available to the RENTER by the OWNER:
2.2 No equipment nor storage space to be furnished. Groups to provide
own clean-up.
3. Facilities /Rent:
Gymnasium ....... $ Auditorium ....... $
Multi -Purpose room.$ Sound Specialist .... $
Cafeteria (only) .... $ Light Specialist .... $
Cafeteria w/lcitchen .. $ Other:........... $
Custodial Fee ......$ Supervision .......$
DAMAGE DEPOSIT$ Other: ........... $
TOTAL FEE CHARGED ..........$ N/C
School Rental Agreement - 1
4. Special conditions of the agreement:
4.1 Any damage of the building or equipment caused by the RENTER will
be repaired or replaced at he expense of the RENTER.
4.2 Adequate adult supervision will be present at all times.
4.3 Additional personnel service; if required, will be paid by the RENTER in
addition to the rental fee at current per hour rates.
4.4 NO equipment other than that specified in item #2 will be furnished to
the RENTER without prior approval of the principal.
4.5 If the building being rented is not properly cared for, the building
principal retains the right to break the contract.
4.6 First aid stations or other special services needed for the safety and
welfare of the group will be provided by and at the expense of the
RENTER.
4.7 NO S MOIGNG will be allowed on any school property.
4.8 No food or beverages will be allowed except in designated areas.
5. Payment:
Payment by the RENTER will be made prior to using the facility unless other
arrangements have been made with the superintendent.
IN WITNESS WHEREOF THE PARTIES HERETO EXECUTED THIS
AGREEMENT, THE DAY AND YEAR AS WRITTEN ABOVE.
JOINT SCHOOL DISTRICT NO. 2 MERIDIAN PARIS AND RECREATION
(OWNER) (RENTER)
e�
(Principal or Superintendent)
msg/D:\MyFiles\Meridian City FileTarkslschool Agmt.wpd
School Rental Agreement - 2
(Authorized Representative)
CERTIFICATE OF CLERIC
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Cleric of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerk of this City, I am the custodian of its records and
minutes and do hereby certify that on the 2 1�40 day of 1999, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE ATTACHED EXHIBIT "A"
AGREEMENT FORM; GRANTING THE AUTHORITY TO THE PARKS AND
RECREATION DIRECTOR TO ENTER INTO, ON BEHALF OF SAID
MUNICIPALITY, AGREEMENTS ENTITLED "INDEPENDENT CONTRACTOR
AGREEMENT" AND "RENTAL AGREEMENTS" BETWEEN THE CITY OF
MERIDIAN, LESSEE, AND THE CONTRACTOR, LESSOR.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
SECTION 1: FINDINGS:
WHEREAS, the Council finds that an integral part of the programming
of the Parks and Recreation Department is the presentation of recreational
programming that requires the hiring of independent contractors who have special
expertise and skill to conduct certain program offerings, and to contract with the
Joint School District No. 2 for suitable premises to conduct certain recreational
program offerings; and
CERTIFICATE 4F CLERK. OF THE
CITY OF MERIDIAN
WHEREAS, it will be necessary for the City to contract with numerous
persons as independent contractors to perform such services; and
WHEREAS, it is the duty and responsibility of the Director of the Parks
and Recreation Department to oversee and direct recreational programming; and
WHEREAS, for reasons of time constraints and ease of doing business it
is in the best interests of the City for the City Council to grant to the Parks and
Recreation Director authority to enter into certain form contracts for independent
contractor services and contracts for rental of School District facilities for the conduct
of recreational programs.
SECTION 2. GRANT OF AUTHORITY TO PARIS AND
RECREATION DIRECTOR:
2.1 The Parks and Recreation Director is hereby authorized to enter
into on behalf of the City Independent Contractor Agreements in
the form and manner of Exhibit "A" attached hereto with
qualified person(s) to provide recreational program services and
to enter into Rental Agreements in the form and manner of
Exhibit "B" attached hereto with Joint School District No. 2 to
provide recreational program facilities so long as said agreements
are within the recreational budget appropriation for the 1998/99
fiscal year.
2.2 The Parks and Recreation Director shall provide an original of
any agreement signed under this authorization to the City Cleric
for filing with the official records of the City, and shall also notify
the City's insurance carrier of any and all agreements signed
under this authorization to assure insurance coverage of all
activities conducted pursuant to the agreements.
2.3 The authorization terminates either upon City Council action
revolting this resolution or upon the enol of the 1998/99 fiscal
year, whichever occurs firs
� `40f
ILLIAM G. BERG, JR.
1A '
I
STEAL
CERTIFICATE of CLIRK )THE 2
CITY of MERIDIAN
STATE OF IDAHO,
ss.
County of Ada, }
On this day of %f ;; in the year 1999, before me,
mt , a Notary Public, appeared
WILI&W G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and acicnowlev4ztt% that
he executed the same on behalf of the City of Meridian.
s
T ` k .�. * '*
U 13
# 0
6
EAW
Notary Public for Ido ,.��•
011'SIQCr-.'
Commission
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msg1D:\MyFi1es\Meridian City File\Parks\LICENSE AGREEMENT Cert of Clerk for Resolution.wpd
CERTIFICATE of CLERK of THE
CITY of MERIDIAN
r
To: Tom Kuntz MAR - 2 1999
cc Mayor, Council and City ler
From: Bill Gigray CITY OF MERIDIAI�t
Re: Parks and Recreation In e end nt Contractor Agreements
and Rental agreement for space
Date: 3-2-99
Enclosure:
1. Resolution of the City Council
2. Independent Contractor Agreement
Advise/Information:
I am providing the enclosures as a result of your departments request. The
resolution is drawn to authorize you to enter into the Independent Contractor
Agreements with persons providing services for recreational program activities offered
by your department. The Resolution also authorizes you to enter into rental
agreements with the School District for facilities for these program offerings. The
authorization shall be good for the remainder of this fiscal year and or until the City
Council revokes the authority.
Requested Action:
Read the Resolution carefully: Note that the resolution requires that you take
certain follow up steps after obtaining a signed agreement for rental space and or
independent contractors. You are to provide the original of the agreement [or a
conformed copy in the case of the School District] to the City Clerk, and notify the
City's insurance carrier of the agreement.
Instructions for completion of the terms of the Independent Contractor Agreement. dill
all blanks with the appropriate information, in section 6 mark whether or not the
contractor is required to furnish the material and or equipment.
If you have any questions please advise.