HomeMy WebLinkAboutContracts & Agreements_70-1995_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 17 day of October, 1995 by and between the
City of Redlands, a municipal corporation (hereinafter "City") and United States Recreational Ski
Association, an association, (hereinafter "Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in developing and conducting a Learn to
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Ski and Snowboard program 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 conducting skiing and snowboarding
programs;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and United States Recreational Ski Association hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to develop and conduct a skiing and snowboarding
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
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of its ability and in an efficient, safe and competent manner.
B. The skiing and snowboarding program shall include training for youth participants,
ages 13 and older. Programs may be scheduled Sundays through Fridays, mid November through
March, at the participant's convenience. Classes will be conducted at Snow Valley and Snow
Summit ski resorts in the San Bernardino mountains.
C. As compensation for conducting the skiing and snowboarding programs, 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 period ends. Contractor shall be responsible for refunds to participants.
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 Employees. 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 Redlands Business license as a
condition of performing the services required hereunder.
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
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terminate this Agreement.
Section 6. Indeninitv. 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.
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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.
(a) Workers' compensation and employer's liability insurance.
(b) Comprehensive automobile and general liability insurance in amounts not less than
$1,000.000 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
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d p ary and non-contributing to any insurance or self-insurance maintained by City.
Section 14. 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
4wow� Date
o Br 1995
Swen Larson,Mayor
ATTEST:
Lorrie oyz�r, Ci erk
Date _
K�sha G reaux, Contra ore's Signee
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October 18, 1995
City of Redlands/USRSA Agreement
Employees:
Kasha Goodreaux
1315 Gene Autry Way
Anaheim, CA 92805
(714) 634-1050
Ap--ents:
Snow Valley
P.O. Box 2337
Running Springs, CA 92382
(909) 867-2751
Snow Summit
P.O. Box 77
Big Bear Lake, CA 92315
(909) 866-5766