HomeMy WebLinkAboutContracts & Agreements_91-2009_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of youth sport leagues, clinics and classes ("Agreement") is
made and entered into this 22nd day of June, 2009 ("Effective Date") by and between the City of
Redlands, a municipal corporation (hereinafter "City") and Andrew Todd, dba Trifytt Sports, an
individual (hereinafter "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 youth sport
leagues, clinics and classes for City's Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and professional expertise similar to others in the recreation industry who conduct after
school youth sport programs;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Andrew Todd, dba Trifytt Sports, agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct youth sport leagues, clinics and
classes for youth ages 4 - 17 for the City's Recreation Division (the "Services"). The youth sport
classes shall be conducted at the Redlands Community Center facilities and City parks and recreation
fields. Contractor shall determine the method, details and means of performing the Services and shall
advise City of the same prior to performing Services 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. The youth sport programs may be scheduled by Contractor for any times, during week days
and weekends., depending upon the availability of City facilities.
C. As compensation for providing the Services, City shall register participants and collect
registration fees for participants in Contractor's program. City shall pay Contractor seventy percent
(70%) of the fees collected no later than fourteen days after the registration period ends. Contractor
shall be responsible for payment of 100% of the fees paid by a participant in connection with any
refund to a qualified participant. City shall have no obligation for refunds.
Section 2. Independent,Contractor. It is the express 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.
L\ca\djm',1'Agreements\Andrew Todd ICA.doc I
Section 3. Business License, Contractor shall obtain a City of Redlands business license as a
pre-condition of performing the Services.
Z_
Section 4. Termination. City shall have the right to terminate this Agreement, with or without
cause, upon twenty (20) days prior written notice to Contractor. City shall have no liability for any
claims or damages resulting to Contractor as a result of any exercise by City of its right to terminate
this Agreement.
Section 5. Notices. All notices required or otherwise given pursuant to this Agreement shall be
in writing and delivered in person or sent by mail, postage prepaid, and addressed as provided in this
section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of
deposit in the United States mail. Notices shall be addressed as follows, unless a written change of
notice is filed by Contractor with City:
CITY: CONTRACTOR:
City of Redlands Andrew Todd, Trifytt Sports
P.O. Box 3005 1205 North Red Gum Street, Suite 4
Redlands, CA 92373
Anaheim, CA 92806
.Section 6. Indemnitv. 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 Contractor in performing the Services.
Section 77. Entire Agreement/Amendment. This Agreement represents the entire Agreement of
L-nu
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. Z:�
Section S.- Assignment, This Agreement shall not be assigned without the prior written
consent of City. Any assignment, or attempted assignment, without such prior consent, shall be null
and void and, at the option of City, result in the immediate termination of this Agreement.
Section 9. Insurance. Contractor shall provide insurance coverage for program participants as
specified in the 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 Consultant'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.
1:�ca",,djm\Agreenietits".Andrew Todd ICA.doc 2
f� _r
(a) If applicable, workers' compensation and employer's liabilityin
employees throughout the terms of this Agreement urs
insurance for its
1860 and 3700, and in amounts which satisfy statutory requirements.t to Labor Code Sections
(b) Business automobile liability coverage with minimum limits of One Million Dollars
($1,000,000) per occurrence, combined single limit for bodily injury liability and
Property damage liability.
Section 10 Attorneys' Fees In the event any action is commenced to enforce or interpret the
terms or conditions of this Agreement the prevailin p rP
be entitled to recover its reasonable attorneys' fees, including gl�f esfortluseon tof�m costs in-house other relief,
Party. counsel by a
CITY OF REDLANDS
Io _ Date - �9
arrison,Mayor
ATTEST:
Lorrie P yzer, City k
CONTRACTOR:
Date (9 - lo-
Andrew Todd, Trifytt Sports