HomeMy WebLinkAboutContracts & Agreements_143-2016 INDEPENDENT CONTRACTOR AGREEMENT
This agreement for the provision of Forever-Fit("Agreement") is made and entered into
this 19th of July, 2016 ("Effective Date")by and between the City of Redlands, a municipal
corporation(hereinafter"City") and Sandra Bernier, an individual, on behalf of, "Forever-Fit"
(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 conducting Forever-Fit classes 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 senior fitness classes;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Sandra Bernier, on behalf of Forever-Fit, agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby engages Contractor to conduct Forever-Fit classes for City's
Recreation Division(the"Services") at the Joslyn 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 perforin the
Services to the best of its ability and in an efficient, safe and competent manner.
B. The Services may be scheduled by Contractor, at any time, during business hours
at the Joslyn Senior Center and Redlands Community Senior Center. Contractor shall submit a
schedule to the Recreation Division of proposed classes at least 6 months in advance of the start
date of each class.
C. As consideration for providing the Services, City shall register and collect fees for
participants in Contractor's program. City shall then pay Contractor seventy percent(70%) of
the fees collected, no later than fourteen days after the registration period ends. Notwithstanding
any other provision of this Agreement, Contractor shall be responsible for full payment to any
participant of any refund of fees to such participant. City shall have no obligation for payment of
any refunds.
Section 2. Independent Contractor. It is the express intention of the Parties that
Contractor is and shall remain during its perfonnance of the Services, an independent contractor
and not 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
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Contractor and 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 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 business license from City as a
pre-condition of performing the Services.
Section 5. Termination. City shall have the right to terminate this Agreement upon ten
(10) business days pri6r 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 attorneys' fees and other legal expenses, arising
directly or indirectly from any negligent or intentionally wrongful act or omission of Contractor
in performing the Services.
Section 7. Entire A-rreement/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 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 tern 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 terns of this Agreement pursuant to Labor Code
Sections 1860 and 3700, and in amounts which satisfy statutory requirements.
(b) Comprehensive and general liability insurance NNith 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.
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(c) Business, automobile liability coverage with minimum limits ofOric Nfilliou
Dollars ($1,000,000) per occurrence. con-ibined single limit for bodily iiijury
liability and property damage liability.
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(d) Except for workers' compensation and employers liability insurance, City shall
be narned as an additional insured on all. policies and such insurance shall be
prin-iary and non-contribL11111- to any insurance or seff-insurance maintained by
City,
Section 10. Attorneys' Fees. In the event any action is cornmenced to enforce or
interpret the tennis or conditions of this Aggreement the prevailing Party shall., in addition to any
costs or other relief be entitled to recover its reasonable attorneys' fees, including fees lor use of
in-house counsel by a Party.
CITY OF REDLANDS
7
Date 67
Paul W. Foster, Mayor
ATTEST"',�'
Sam Invin-, City Clerk
CONTRACTOR:
Date
SandraBermer, Forever-Fit
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