HomeMy WebLinkAboutContracts & Agreements_200-2019INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of conducting tennis instruction classes ("Agreement") is
made and entered into this 15'1' day of October, 2019 ("Effective Date") by and between the City
of Redlands, a municipal corporation (hereinafter "City") and Gabriel Jacob, (hereinafter
"Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and,
together, as the "Parties "
RECITALS
WHEREAS, Contractoi has expressed an interest in developing and conducting tennis
instruction classes for City's Recreation Division, and
WHEREAS, Contractor has represented to City that he has the requisite experience, special
knowledge and professional expertise similar to others in the recreation industry who conduct these
services,
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Gabriel Jacob agree as follows
AGREEMENT
Section 1. Tenn The terra of this Agreement shall commence on October 15, 2019 and
be foi a period of three (3) years, unless earlier terminated as provided for herein
Section 2 Services
A City hereby engages Contractor to develop and conduct tennis instruction classes
foi City's Recreation Division (the "Sei vices") The tennis classes shall be conducted at the tennis
courts located at Ford Park Contractoi shall determine the method, details and means of
performing the Services and shall advise City of the same prior to the provision of any Services
under this Agreement Contractor furthei 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 foi any non -reserved times and days,
during week days, and shall include, but not be limited to, the provision of individual lessons and
the establishment of youth and adult tennis leagues contingent upon City approval and the
availability of facilities The tennis courts shall remain open to the general public on weekends,
provided, howevei, that Contractoi may request the use of the tennis courts on weekends by
making written application to City's Recreation Division thirty (30) days prior to the intended use
C As compensation foi piovidmg the Services, City shall iegistci participants and
collect registration fees foi participants in Contractor's program City shall pay Contractoi seventy-
five percent (75%) of the fees collected no later than twenty-one (21) days after the iegistration
period ends Contractoi shall be responsible for payment of 100% of the fees paid by a participant
in connection with any refund to the participant City shall have no obligation foi refunds
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Section 3. Independent Contractor It is the expressed intention of the Parties that
Contractor 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 employer 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 4 Publicity Contractoi-created marketing materials must be approved in writing
by City before distribution and use City reserves the right to broadcast, televise and photograph
class participation foi the purpose of marketing
Section 5. Other Requirements Contractoi shall
A Ensure that any music ea sound system is kept at levels that will not interfci e
with othei classes or create a public disturbance/nuisance, and
B Maintain the highest degree of participant safety possible
Section 6 Contractor's Employees No employees 01 agents of Contractoi shall participate
in the performance of the Services without the prior written consent of City
Section 7 Business License Contractoi 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 twenty (20) days p1101 wi itten notice to Contractoi City shall have no liability
for any claims 01 damages resulting to Contractor as a result of any exercise by City of its right to
terminate this Agreement
Section 9 Notices Any notice or othei communication required, or which may be given,
pursuant to this Agreement, shall be m writing Any such notice shall be deemed delivered (i) on
the date of delivery in person, (n) five (5) days after deposit in first class registered mail, with
return receipt requested, (ni) on the actual delivery date if deposited with an overnight couriei, or
(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,
certified, registered or express mad, in each case properly posted and fully prepaid to the
appropriate address set forth below, of such othei address as a Party may provide notice in
accordance with this section
City
City Clerk
City of Redlands
PO Box 3550
Redlands, CA 92373
jdonaldson@eityofredlands org
909-798-7531
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Contractoi
Gabriel Jacob
PO Box 1053
Redlands, CA 92373
tennislesson4u@hotmail corn
909-534-9839
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 Iiability imposed or claimed relating to the injury or death of any
person or damage to any property, including attorneys' fees and other expenses, arising directly or
indirectly from any negligent act 01 omission, or the willful misconduct, of Contractor in
performing the Services
Section 11 Entire Agreernent/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, 01 attempted assignment, without such prior consent, shall be
null and void and, at the option of City, result m the immediate termination of this Agreement
Section 13 Insurance Contractoi 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 ism force and effect Evidence of
such insurance shall be provided to City within fifteen (15) days of the Effective Date of this
Agreement, and pilot to commencement of any Services Acceptance of the certificates by City
shall not relieve Contractoi of any of the insurance requirements contained herein, taoi decrease
the liability of Contractor
(a) If applicable, workers' compensation and employer's liability insurance for its
employees throughout the terms of this Agreement pursuant to Laboi Code Sections
1860 and 3700, and m amounts which satisfy statutory requirements
(b) Comprehensive and general liability insurance with a carrier acceptable to City in
an amounts not less than One Million Dollars ($1,000,000) pei occurrence and Two
Million Dollars ($2,000,000) aggregate foi public liability, property damage and
personal injury Such insurance shall not be cancelled unless thirty (30) days prior
written notice is provided to City
(c)
Except fol workers' compensation and employer's liability insurance, City shall be
nained as an additional insured on all policies and such insurance shall be piimary
and non-contributing to any insurance oi self-insurance maintained by City
Section 14 Attorneys' Pees In the event any action is commenced to enforce of interpret
the terms oi conditions of this Agreement the prevailing Party shall, in addition to any costs of
other relief, be entitled to recovei its reasonable attorneys' fees, including fees foi use of in-house
counsel by a Party
Section 15 Hold Harmless and Indemnification Contractoi shall indemnify, hold
harmless and defend City and its elected officials, employees and agents from and against any and
all claims, losses 01 liability, including attorneys' fees, arising from injury or death to persons or
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damage to property occasioned by any negligent act, omission or failure to act by Contractor, its
employees and agents in performing the Services
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
October 1511, 2019
CITY OF REDLANDS
Paul W Foster, Mayor
ATTEST
Donaldson, City Clerk
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CONTRACTOR
LA
Gabnel Jacob /.CAY4i
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