HomeMy WebLinkAboutContracts & Agreements_223-2007_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement is for the provision of tennis instruction classes ("Agreement") is made and
entered into this 181h day of December, 2007 ("Effective Date") by and between the City of
Redlands, a municipal corporation (hereinafter "City")
Pro, an
individual (hereinafter "Contractor"). City and Contractor are ndividua individually sometimes
Klink, USPTA Certified
to
herein as a "Party"and, together, as the "Parties."
RLC___ ITALS
WHEREAS, Contractor has expressed an interest in developing and conducting tennis
instruction classes for City's Recreation Bureau; 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
tennis instruction classes;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Debi Klink agree as follows:
AGREEMEN T
Section 1. Services.
A. City hereby engages Contractor to develop and conduct tennis instruction classes for
City's Recreation Bureau(the "Services"). Contractor shall determine the method, details and
means of performing the Services and shall advise City of the same prior to commencing any
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. Contractor's Services shall include a variety of developmental exercises that will
allow youth and adults to work on their coordination, fine motor skills and improve physical
movement and tennis playing skills. Classes will run weekly at the Clement Middle School Tennis
Courts and the Community Center Tennis Courts. Registration will be monthly.
C. As compensation for conducting tennis classes, City shall register participants and
collect registration fees for participants in Contractor's program. City shall pay Contractor
seventy-five percent(75%) of the fees collected no later than fourteen days after the registration
periods ends. Contractor shall be solely responsible for payment of one hundred percent(104%) of
any funds fees to qualified participants, and City shall have no obligation for any refunds.
Section 2. Independent Contractor It is the express intention of the Parties that Contractor
is and shall remain during the term hereof, 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.
DJM\Agreement\Klink Tennis Agreement
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Section 3. Contractor's Employees. No employees or agents of Contractor shall participate
in the performance of Services without the:prior written consent of City.
Section 4, Business License Contractor shall obtain a City of Redlands business license as
a pre-condition of performing the Services.
Section 5. 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 6. 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 attorney's fees and other legal expenses, arising
directly or indirectly from any negligent act or omission of Contractor in performing the Services.
Section 7. Entire Agreement/Amendment This Agreement represents the entire
Agreement of the Parties hereto 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 8. 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 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.
(a) If applicable, workers' compensation and employer's liability insurance for its
employees throughout the terms of this Agreement pursuant to Labor Code Sections
1.860 and 3200, 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 prior
written notice is provided to City.
(c) Business automobile liability coverage \pith minimum limits of One Million Dollars
(S1,000,000) per occurrence., combined single limit for bodily injury liability and
property damage liability.
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{d} Except for the 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 10. Attorneys' Fee 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 or
other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-house
counsel by a Party.
Section 11. Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless
and defend City and its elected officials, employees and agents from and against any and all claims,
losses and liability, including attorneys' fees, arising from injury or death to persons or damage to
property occasioned by any negligent act or omission by Contractor, its employees and agents in
performing the Services.
CITY Of REDLANDS
Date December 18, 2007
.IdSn Harrison, -ayor
ATTEST:
Lorri- oyzer, C't /Irk
CONTRACTOR:
jJy' 1
— — ___--- Date /
Debi Klink, Contractor ------ ------
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