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Home My WebLink AboutContracts & Agreements_12-2020INDEPENDENT CONTRACTOR AGREEMENT This agreement foi the provision of conducting tennis instruction classes ("Agreement") is made and entered into this 21st day of January, 2020 ("Effective Date") by and between the City of Redlands, a municipal corporation (hereinaftei "City") and Charles Mosley, (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and togethei, 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 similai to others in the recreation industry who conduct these services, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and Contractoi agree as follows AGREEMENT Section 1 Term The terin of this Agreement shall commence on the Effective Date of this Agreement and be for a period of three (3) years, unless earlier terminated as provided for herein Section 2 Services A City hereby engages Contractoi to develop and conduct Tennis Instruction Classes for City's Recreation Division (the "Services") The tennis program shall be conducted at the tennis courts located at Clement Middle School 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 abihty and in an efficient, safe and competent manner B Services may be scheduled by Contractoi for any non -school 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 however, that Contractor 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 providing the Services, City shall regrstei participants and collect registration fees for participants in Contractor's program After the registration period ends, City shall pay Contractor seventy percent (75%) of the fees collected no latex than thirty (30) days after receipt and approval by City of Contractor's invoice Contractor shall be responsible for L Icaldjm\Agreenrents\ICA with Charles_Mosley 1 21 20.docx 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 Section 3 Independent Contractor. It is the expressed intention of the Parties that Contractoi is and shall remain during the tern of this Agreement, an independent contractor and not be an employee or agent of City Contractor represents to City that is free from the control of City as to how Contractoi's Services are provided, the Services provided by Contractor are not part of City's regular business, and that Contractoi is providing same or similar Services to other persons and entities through Contractoi's own business, or through other businesses, and that Contractor agrees its provision of the Services pursuant to this Agreement is not Contractor's sole source of business 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 01 any othei purpose Section 4 Publicity. Contractor -created marketing materials must be approved in writing by City before distribution and use City reserves the right to broadcast, televise and photograph class participants for the purpose of marketing Section 5 Contractor's Employees No othei employees or agents of Contractor shall participate in the performance of the Services without the prior written consent of City Section 6 Business License Contractor shall obtain a City of Redlands business license as a pre -condition of performing the Services Section 7 Termination City shall have the right to terminate this Agreement, with or without cause, upon ninety (90) days prior written notice to Contractor City shall have no liability foi any claims 01 damages resulting to Contractor as a result of any exercise by City of its right to terminate this Agreement Section 8. Notices Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery m person, (ii) five (5) days after deposit in first class registered mail, with return receipt requested, (iii) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered 01 express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such othei address as a Party may provide notice m accordance with this section. City City Clerk City of Redlands PO Box 3550 Redlands, CA 92373 jdonaldson@cityofredlands org 909-798-7531 L kaldjm\AgreementsllCA with Charles Mosley 1 21 20.doex Contractor Charles Mosley 13084 Edgemont St Moreno Valley, CA 92553 gionmo@yahoo coin 909-965-8026 Section 9 Indemnity Contractor shall defend indemnify and hold City, 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 Contractoi in performing the Services Section 10 Entire Agreement/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 11 Assignment This Agreement shall not be assigned without the prior written consent of City Any assignment, or attempted assignment, without such pnoi consent, shall be null and void and, at the option of City, result in the i imediate tennination of this Agreement Section 13 Insurance Contractor shall obtain and maintain during the tern 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 within fifteen (15) days of the Effective Date of this Agreement, and prior to commencement of any Services Acceptance of the certificates by City shall not relieve Contractoi of any of the insurance requirements contained herein, not 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 in 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) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury Such insurance shall not be cancelled unless thirty (30) days pnor written notice is provided to City (c) Except for workers' compensation and employer's liability insurance, City shall be named as an additional insured on all policies and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City Section 14 Attorneys' Fees In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs 01 othei relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 3 L lcaldim\Agreements11CA with Charles_Mosley 1 21 20.docx IN WITNESS WHEREOF, the Parties have executed this Agreement, to be effective as of January 21, 2020 CITY OF REDLANDS CONTRACTOR Paul W Foster, Mayor ATTEST Donaldson, City Clerk 4 L.1caldimlAgreementsl[CA with Charles_Mosley 1.21.20.docx / �...t �� Charles Mosley /: