HomeMy WebLinkAboutContracts & Agreements_9-1995_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 1st day of March, 1995 by and between
the City of Redlands, a municipal corporation (hereinafter "City") and Gary George, an
individual, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a
program for tennis for the City of Redlands Recreation Division; and
WHEREAS, Contractor has represented to City that it has the requisite experience, special
knowledge and expertise similar to others in the industry in tennis programs;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Gary George hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct a tennis program for
City's Recreation Division. Contractor shall determine the method, details and means of
performing the above-described services and shall advise City of the same prior to commencing
any activities under this Agreement. Contractor further agrees to perform such services to the
best of its ability and in an efficient, safe and competent manner.
B. The tennis program shall include lessons and youth/adult tennis leagues. Tennis
programs may be scheduled at any time week days. Courts shall remain open to the general
public on weekends. Requests to use tennis courts on weekends shall be submitted, in writing,
to the Administrative Services Director thirty (30) days prior to the intended date of use. These
requests may be subject to approval by the Recreation Commission and/or City Council.
C. In exchange for Contractor's services hereunder, Contractor shall maintain, at
Contractor's sole expense, the tennis courts at Ford Park during the term of this Agreement as
follows:
1. Wash tennis courts weekly.
2. Repair and replace nets as needed.
3. Repair and replace wind-screens as needed.
4. Replace lighting fixtures as needed.
5. Replace posts as needed.
6. Remove graffiti as it occurs.
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Section 2. Independent Contractor. It is the express intention of the parties hereto that
Contractor is an independent contractor and not an employee or agent of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing a relationship of employer
and employee between Contractor and City. Both parties acknowledge that Contractor is not an
employee for State tax, Federal tax or any other purpose.
Section 3. Contractor's Emnlovees. A listing of all Contractor's employees and agents
who may participate in the performance of Contractor's obligations hereunder is attached hereto
as Exhibit "A" and incorporated herein by this reference. No other employees or agents of
Contractor shall participate in the performance of services hereunder without the prior written
consent of City.
Section 4. Business License. Contractor shall obtain a City of Redlands business license
as a condition of performing the services required hereunder. A copy of the license is attached
to this Agreement as Exhibit "B."
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 act or omission of Contractor in performing its services hereunder.
Section 7 Entire Agreement/Modification. This Agreement represents the entire
Agreement of the parties hereto as to the matters contained herein. Any modification of this
Agreement will be effective only if it is in writing and signed by the parties hereto.
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 is in force. Evidence of such insurance shall be provided to City concurrent with
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.
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(a) Workers' compensation and employer's liability insurance.
(b) Comprehensive automobile and general liability insurance in amounts not less than
$500,000 for each. Such insurance shall not be cancelled unless thirty (30) days prior written
notice is provided to City.
(c) 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' 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.
CITY OF REDLANDS
! � Date February 28, 1995
wen Lars �dyor
A E,,S City Clerk. City of Redlands
j,
Date
y ge, Contractor
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