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HomeMy WebLinkAboutContracts & Agreements_173-2017 x INDEPENDENT CONTRACTOR AGREEMENT FOR THE PROVISION OF TENNIS PROGRAM RECREATION SERVICES This agreement for the provision of tennis recreation services ("Agreement") is made and entered into this 5th day of September, 2017 ("Effective Date") by and between the City of Redlands, a municipal corporation ("City"), and Gabriel Jacob, an individual ("Contractor") City and Contractor are sometimes individually referred to herein as a Party and, together, as the "Parties " RECITALS WHEREAS, Contractor has expressed an interest in developing and conducting a tennis program for the City of Redlands' Recreation Division, and WHEREAS, Contractor has represented to City that it has experience, special knowledge and expertise similar to others in the industry conducting tennis programs, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Gabriel Jacob agree as follows AGREEMENT Section I Term The term of the Agreement shall be for a period of two (2) years from the Effective Date of this Agreement(the"Term"),unless eai lierterminated as provided for herein Section 2 Services A City hereby engages Contractor to develop and conduct private and group tennis lessons for the City's Recreation Division ("Services") The tennis program shall be conducted at the tennis courts located at City's Ford Park ("Tennis Courts") and as illustrated in Exhibit A Contractor shall determine the method, detail and means of performing the Services and shall advise City of the same pilor to commencing any activities under this Agreement Contractor further agrees to perform the Services to the best of its ability and in an efficient, safe and competent manner B Services may be scheduled by Contractor for any times depending upon the availability of City's Tennis Courts Requests for use of the Tennis Courts for the provision of Services shall be submitted to City, in writing,forty five(45)days prior to intended use City shall respond to such requests within one (1) week of receipt Additionally, Contractor shall complete and submit to City a "Contract Class Schedule" thirty (30) days in advance of the first class scheduled l I%TabithalAgreementslGabnel lacoblGabnel Jacob 9 5.2017 docx 41 C The Tennis Courts shall remain open to the public when not in use by Contractor City reserves the right to maintain one court open at all times for public use Contractor shall assume full responsibility foi its personal property used at the Tennis Courts, and shall hold City harmless for any theft or damage relating to Contractor's personal property D As compensation for providing the Services, City shall register participants and collect registration fees for participants in Contractor's program Contractor shall not accept enrollment fees directly from a participant unless City approves, in advance and in wilting, the acceptance of enrollment fees by Contractor City shall provide class rosters and attendance sheets to Contractor via email City shall pay to Contractoi seventy-five percent (75%) of the fees collected no later than twenty-one (21) days after the registration period ends City shall reserve the right to retain the remaining twenty five percent(25%)of all fees collected City shall be solely responsible for payment of one hundred percent (100%) of any refund or fees to the participant Contractor shall have no obligation fol refunds E During the Term of this Agreement, Contractoi shall be responsible foi removal of trash and debris from Tennis Courts, daily, after use Section 3 Publicity Contractoi-created marketing mateiials imust be approved in writing by City before distribution and use City reserves the right to broadcast, televise and photograph class participation fol. the purpose of maiketing Section 4 Other Reautrements Contractor shall A Ensure that any music of sound system is kept at levels that will not interfere with other classes or create a public disturbance/nuisance,and B Maintain the highest degree of participant safety possible Section 5 Independent Contractor It is the expressed intention of the Parties that Contractoi is and shall remain during the Term of this Agreement, an independent contractor and not be an employee or agent of City Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employee and employee between Contractor and City The Parties acknowledge that Contractor is not a City employee for State tax, Federal tax or any other purpose Section 6 Contractor's Emolovees No other employees or agents of Contractoi shall participate in the performance of the Services without tine prior written consent of City Section 7 Business License Contractor shall obtain a City of Redlands business license as a pre-condition of performing the Services Section 8 Termination City shall have the right to terminate this Agreement, with or without cause, upon thirty (30) days prior written notice to Contractoi City shall have no liability for any claims of damages resulting to Contractor as a result of any exercise by City of its reghtto terminate this Agreement This Agreement may be terminated at the discretion of City should 2 11Tabitha\Aoreements\Gabncl JacoblGabriel Jacob 9 5 2017 doex pn Contractor fail to fulfill its requirements as specified herein Section 9 Notices All notices shall be given in writing by personal delivery or by mall Notices sent by mall should be addressed as follows City Chris Boatman, Director Quality of Life Department City of Redlands PO Box 3005 Redlands, CA 92373 Contractor Gabriel Jacob PO Box 1053 Redlands, CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail Changes may be made in the naives and addresses of the person to whom notices and payments are to be given by giving notice pursuant to this section Section 10 Indemnity Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees and agents harmless from and against any and all actions, damages, losses, causes of action and liability imposed or claimed relating to the injury or death of any person or damage to any property, including attorneys' fees and other legal expenses, arising directly or indirectly from any negligent act or omission of Contractor in performing the Services Section Il Entire AQreement/Amendment This Agreement represents the entire Agreement of the Parties as to the matters contained herein Any amendment of this Agreement shall be effective only if it is in writing and signed by the Parties Section 12 Assignment This Agreement shall not be assigned without the prior written consent of City Any assignment, or attempted assignment, without such P1 101 consent, shall be null and void and, at the option of City, result in the immediate termination of this Agreement Section 13 Insurance Contractoi shall provide insurance coverage for program participants as specified in City's contract with Southern California Municipal Athletic Federation for recreation programs Contractor shall be responsible for paying all costs associated with insurance coverage Contractor shall obtain and maintain during the term of this Agreement all insurance required by this Section and shall submit to City certificates of insurance and appropriate endorsements evidencing that the insurance is in force and effect Evidence of such insurance shall be provided to City concurrent with Contractor's execution of this Agreement Acceptance of the certificates by City shall not relieve Contractor of any of the insurance requirements contained herein, nor decrease the liability of Contractor Section 14 Attorneys' Fees In the event any action is commenced to enforce or interpret 3 1%Tab itha\Agreements\Gabnel Jacob\Gabnel Jacob 9 5 2017 doex the terms or conditions of this Agreement the prevailing Party shall, In addition to any costs or other relief, be entitled to recover Its reasonable attorneys'fees, including fees for use of in-house counsel by a Party IN WITNESS WHEREOF,the parties have executed this First Amendment, to be effective as of September 5"', 2017 CITY OF REDLANDS CONTRA TOR B � Y Paul W Foster, Mayor Gabriel Jacob ATTEST �nnealdson, Ctty Clerk 4 1 1Tabitha\Agreements\Gabrie1 Jacob\Gabnel Jacob 9 5 2017 docx � Mar hal1;S%,� �%,! �._•: :,�: `i"� ..