HomeMy WebLinkAboutContracts & Agreements_167-2010_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of tennis lessons ("Agreement") is made and entered into
this 19`}' day of October, 2010 (-Effective Date") by and between the City of Redlands, a
municipal corporation (hereinafter "City") and John Thau, 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 tennis
lessons 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
tennis lessons;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and John Than agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to develop and conduct tennis lessons for City's
Recreation Division (the "Services"). The tennis lessons shall be conducted at the Redlands
Community Center tennis courts. 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 its ability
and in an efficient, safe and competent manner.
B. Services may be scheduled by Contractor for any times, during week days,
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 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
() the term of this Agreement, an independent contractor and
Contractor is and shall remain during
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 3. Business License. Contractor shall obtain a City of Redlands business license as
a pre-condition of performing the Services.
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. 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 6. 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 7. 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 8. 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
1860 and 3700, and in amounts which satisfy statutory requirements.
(b) Comprehensive and general liability insurance with a carrier acceptable to City in an
amount 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 with minimum limits of One Million Dollars
($1,000 000)per occurrence, combined single limit for bodily injury liability and
property damage liability.
(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 9. 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
Date October 19, 2010
Patricia Gilbreath, Mayor
ATTEST:
Sam Irwin, City C rk
CONTRACTOR:
Date_n_L�i�2
J,, n Thau