HomeMy WebLinkAboutContracts & Agreements_138-2015_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement for conducting CPR, First Aid, and AED instruction services
("Agreement") is made and entered into this 21St day of July, 2015 ("Effective Date") by and
between the City of Redlands,a municipal corporation(hereinafter"City")and Jerry Lerouge,dba
911 Safety Services (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 CPR,First
Aid, and AED instruction 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
conducting CPR, First Aid, and AED instruction;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Jerry Lerouge, agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct conducting CPR,First Aid,
and AED instruction for the City's Recreation Division (the"Services"). The CPR,First Aid, and
AED instruction shall be conducted at the Redlands Community Center and/or the Redlands Senior
Center. Contractor 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 further agrees to perform the Services to the best of his or her ability and in an efficient,
safe and competent manner.
B. The Services may be scheduled by Contractor for any times,during business hours,
depending upon the availability of the Redlands Community Center facility.
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 twenty-one days after the registration period ends.
Contractor shall be responsible for payment of one hundred percent (100%) of the fees paid by a
participant in connection with any refund to the participant. City shall have no obligation for
refunds.
Section 2. 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
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City. The Parties acknowledge that Contractor is not a City employee for State tax,Federal tax or
any other purpose.
Section 3. Contractor's Employees. No other employees or agents of Contractor shall
participate in the performance of the 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 d. Notices. All notices shall be given in writing by personal delivery or by mail.
Notices, sent by mail should be addressed as follows:
City: Fred Cardenas,Director
Quality of Life Department
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor: Jerry Lerouge
34428 Yucaipa Blvd
#E181
Yucaipa, CA 92399
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be trade in the names and addresses of the person to whom notices and payments
are to be given by giving notice pursuant to this section.
Section 7. 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 Contractor in performing the Services.
Section 8. 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 9. 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.
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Section 10. 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 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 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
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 prior
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 11. 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 or
other relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-house
counsel by a Party.
CITY OF REDLANDS CONTRACTOR
C's
Paul W. Foster, Mayor Jerry L r uge
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ATTEST:
Sam Irwi ity Clerk
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