HomeMy WebLinkAboutcls_Potter_ICA_2019 (JJLTURE & LETSURE SERVICES
INDE31ENDE1' T CONTRACTOR AGREEMENT
Ist
and between the CITY 0J, CAPE CANAVERAL, F'L0R.1DA,a Florida municipal corporation, whow address,
is I00]Folk Avenue, ('apse Canaveral Florida, 32920("City"), -and.."rarida L. Potter
Whose address is 355 ni C�rde -Merri'tt Wand F'lorida 32952
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("Contractor").
RECUYALS:
WHEREAS,flic.,City has certain nxre�atiorial faeflitiesavailable, for use by the public-, and
WHEREAS,the Contractor desres to offer Zurnba/Group Fitness Classes
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_--- --_.__._________"_.'__ ("Services")
...
for the benefit ofthe public iising the C
,ity's recreational illcififics,- and
WHEREAS,the City desires toaflow the Contractorto offer such Services to the d)UffliC gander the tern-is and
conditions set forth in this Agreemcnt,
IN CONSIDERATION of the mutual covenants and provisions hercof, and offier good, diverse, and
valuable considerations, the, rcceipt and Wfficicncy all or which is hereby acknoMedged, the parties desiring to be
degaHy bound do herebyagrec as follows:
A RTI C 1,E I
(.1ENERAL PROVISIONS
1A E..! The Clity hereby crigages the Contractor and the Contractor agrees to perform the
Seivice,s malined in EXHIBIT"A"for the stated fee affangernerit, No prior or present agrecineffls or representa6cins
sharp be binding upon any of the parties'he'reto unless incorrwrated in this Agreeinent,
1.2 Due I The Coritractor acknowledges that he/she has conducted an investigation pnor to
execution of this Agreement and satisfied hirris0f7herself as to the conditions aflecting the Services, the conditions of
the facilities in which the Services are to be provided, the availability ofinaterials arid labor, the cost thereof, the
reqUirements to oblain necessary i nsuratice as set forth herein,and the steps necessary to complele the Services herein,
The Contractor warrants unto the(.'ity that he/she has the cornpetence and abilities to carelifflyand faithfully complete
the Services set forth herein. The Contractor will per(orni fl-w Services with due and reasonable diligence c.onsktent
with sound professional practices,
1.3 C' CNA Servi-ces. 't'lic Contractor warrarV[S Unto the City that the Services being perforined pursuant.
to this Agreement do not constitute professional services as defined by Section 287.055(2)(it), Florida Statutes.
ARTICLE 2
REGISTRATION M PIL,
�jSATJQN PAV N 'ERMS
2.1 Lt-estratff)n 1+ges, (-;oi.trac�.oi-,tcki.ik)wledgen;that the(..'ity requires Contractors who are perf6ri-ning
(Aflturc & Leisure prograrn scrviccs to charge fees that are,rcasonatfle in order to encoUrage parlicipants to register
and fi-equently participate in the Culture & Leisure program services being offered by Contractor at City-owned
fiacilitics. In fi.irtherance of this aerie ctive, Contractor shall propose registration 116.',�s to the City in writing. Upon
receipt of the proposed registration ices, the City will consult with the Contractor regarding the proposed tees.
R(,�gistrafiori fees shall be sub'gect to the City's final approval and such approval shall be at the City's sole discretion,
All participants shall be required to pay the registration fee approved by the City.
Cfture&Leisure Scrvices
Independent Contractor Agreernera
City of Cape Canaveraf
I art
2.2 21pJLe.,1!aiatjO11. Contractor and City agree 1(,.)divide the registration fi.,es derived frorn the Services
provWed hereunder as follows;
(a) Contractor shall receive 75% ofthe registration fees derived frorri the Services,
(b) The City shaH rec6ve 25% ofthe registration fices derived firorn the Services.
(c) No other conilicrisation shall be due("ontrador fior the Services provided t.uuler this Agreen-writ,
unless specificafly agreed to by City in advance and in writing,
2.3 L I Contractor agrees
Xffn�.R�Term s, Contractor shall Collect aII fees parfiejpajjtS�
to maintairi a report with the narnes ofall c-lass parficipanls,the nt.unber of'classes aUerided by each class participant
during the month, the al-110W)t of registn"'Iflon fees coflected ffi,)n-w each participant, amd the paynwnt Ynethod.
Reg istration fees paid by cbeck shall be rr�adc payable to the Conlractor. Ort tine fjjl��j (11
, Iyr(,)feach rnonth, C''ontractor
shall SUhMit SUCh previous month's report to the City's C &ulture Leisure Services Department, The City shall
generate, an invoice detailing the amount ofregistralion fees to be paid by to the City based upon the
percentage agreed upon in Section 2.2, The, Contractor shaft suhrnit t1w invoiced arnount a.) the Oty no later than
thirty (130) days fifflownit..., the date of the invoice, (..'ontractor agrees thal it' die 1'eCjUi1C(J frollilnurn rlUrnber of
participants torr Services is not rnet, Contractor is not entitled to any corripcmsafion and any registration tees paid for
such Services shall be reftinded,
2A Waiver Form. Durinthe Contractor's registrar ion pr(.weContractor ontractor shaH require that all
9
participants exectite the registration tiorrn provided to('011traCtOl-by tile CUIUHT & Leisure Services Director, which
contains It waiver and release,as a condition of'Awving participant to receive or pailicipate in any Services offered
by the Cnti-actor at or upon any City facilities or properties. Ifthe City dete.ryni ties that a participant is receiving
Services at or upon any City flacififies or propertiCS UndCl- this AgrexroC111 Witljotrt fjaVjjrjp; executed a registration
tbrrrt,the City shail have the right to prohibit that patti6parit frotrt ircceiving Services until stich dine as the.parOcipant
subirrits to the City a fully executed ibrai.
ARTICLE 3
GENERALONDITIONS OF'SERVICES
3.11 Provision of Services is a Private Un ertakin , With regard to any and all Scrvices peilormcd
hereunder,it is specifically understood and agreed to by arid between the f)ardes hereto that th(.,,,contractual relationship
between the City and the Contractor is such that the Contractor is an independent contracAor and not an agent of the
("ity. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent
contractor between the City and the Contractor during or zifter the perfiormance of the Set-vices under this Agreement.
3.2 WfrI
a � nty_oL�S City that he/she has sufficient
�r'vices. The Contractor hereby warrants unto ffic
experience to properly complete the Services specified herein or as may be perfornied f)W-SUant to this Agreement,
The,CofM-actor sfiall coin1fly with all laws,ordinances, rules,and I'CgUlations in the performance oNhe Services. The
(.1'ontractor shall pay afl taxes, fees, license fees required by law, including but not fimited to occupational fees and
withholding taxes,- obtain a business tax reccipt; and assume all costs inciderit to the Services, except as provided
herein.
3.3 MLk.gi�.qpnd Check.s., A background screening shall be completed ifContractor's Services rylay
be rendered to vulnerable persons, including children,the elderly, ant]disabled indiVidUals. (.oritractor inust sign the
staterrient set forth on the Form authorizing the City to conduct a backgfound screerfirig. Coniractor rnay not
conuncrice rendering SerViCCS Until after completion of the screening, Comractor shalt inforyn the City immediately
if"arrested for any disqualifying offense.s, The City rnay require a new bacl(gi-OLPId SCreffih1t()', At itS diSffetiOfl, Up Ofl
annt.ial renewal of lhis Agreeirient.
('11fture& Lei,„ufe services
Indepwalent(.'ontmctor Agreement
I
Oty of Cq)e(,anaveraf
2 of9
3.4 �JY'S zts Isip IL S 'ily shall cooperate with the C.ontractor by:
I)QL—-L�ie�, The C
(a) Storin?equipn-winand urate rials.,after approval of the C,triturc&Leisure Ser vice L.)i recton
The City shall not be YLe"j-)ojj",
, itfle For any loss or(hu-nage ofequipment and inaterifls stored
by the, City.
(b) Locking and SeCUring the Recreation Cornplex, or any other location where Services arc
provided, after each class,
M Arranging lot- access to I'licilitics as necessary to the Contractor for provision of tile
,'tik.,rvices,
(d) Keeping the facilities provided in good repair, and providing Custodial services to the facifi6cs.
(e) Assisting with marketing the Services by providing written materials and photographs t(..)include in
City mediums, such as the newsleacr or on the City's M/ebsite.
ARTICLE 4
SUBCONTRACTS;ASSIGNMEN'r
4.1As.,LiLyLigii,,_qLlLiiii.Subei)iitra(,tirj . Unless otherwise specifically required by this Agreement, the,
(.'ontractor shall not assign, sublet, or transfer any rights or SCI'ViCeS Under or interest in (hiciuding, but without
fimitafions,roneys that may become due)this Agreement without the written consent of'the City,except to the extent
that any assignment, sublet., or transfer is mandated by taw or the effect ofthis linritatiou iriay be restricted by law.
Unless specifically stated to the contrary rn any written consent to any assignment, no assignment will release or
discharge the assignor froin any duty or responsibility under this Agreement. Further, the Contractor shall not
subcontract any portion or all of the Services without the written consent of the City, 1'0thitlg Linder this Agreenrent
shall be C(NISIXLKA to give any rights or twnefits in this Agreement to anyone other than the City and the Contractor,
and all dirties and responsibilities undertaken pursuant to this Agreernent will be for the sole and exclusive berielit of
the City and the Contractor and not for the benefit of any other party, Substitute instructors nray not be used by
Contractor to render services urfless approved by the Culture & Leistire Services Director or his or her designee
("Director"). Substitute instructors may only render Services after the successful cornpletion of a. background
screening in the sarric irianner as provided for Cont.ractor.
AR11CLE 5
MISCELLANEOUS PROVISIONS
5.1 Governing Law- Venue, This Agreenient shaH be governed by the law ofthe Statc ol'Rorida,
Venue of all disputes shall be properly placed in Brevard COUnty, Florida, The parties agree that the Agreement was
conSUnimated in Brevard County, and the site of the Services is Brevard County. If arry dispute COMel'ning this
Agreement arises under F'cderal law,the venue wifl be Orlando, Florida.
5.2 Notices'. All projects 1-wreunder,all notices,dernands, requests, instructions,approvals,and clairris
shall be in writing. All notices of any type hereunder shall be given by U.S. snail or by hand delivery to an individual
authorized to receive snail fior the[)elow listed individuals, all to the ffillowing41 individuals at the fiollowing locations:
TO THE CTM
David L. Greene,City Manager
City of Cape Canaveral
100 Polk Avenue/P.0, Box 326
Cape Canaveral, FL 32920
(3219 868-1220 ext 21 l (Phone)
Culture&L(Jsurc Services
Independent Comractor Agreement
City of .'ape Canaveral
13 ofi)
(321 868-12,18 (Fax)
TOTI 1E (,',ONTRACTOR:
Nan-,e: Miranda L Potter
Address:-.355 Bikina Circle
Merritt Island, FL 32952
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'Telephone:321-960-4799 miranda potter@gmajl,corn
E-maii
Notice shall be deemed to have been givem and ree6ved ort,the date the notice is physically rcc%,ivcd it'given by hand
defivcry,or il"notice is given by first class 1,.),S. triail,postage pyepaid,then notice shall be clecrricd to have been given
upon the date said nofte was deposited in the U.S, Mail adds-cssed in the manner set fiords above. Any party herdo
by grvin�,, notice; in the nianner sel forth herein may unilaterally change the nanic of the person to whom notice is to
be given or the address at which notice i,,,; to be reccived.
53 'Flu'
Flu'bil'c Record. Purmwnt to Section 119,07M, Florida Statutes and other appilicable public records
laws. C
, oninactor agrees that any records, docurneras,transactions, writings,papers, letters,computerized infion-nation
and programs, inaps, books, audio or video tapes, films, photographs, data. processing softwarc, writings or other
material(s), regardless ofthe physical form, cN.tracteristics, or ineans of transi-nission, of Contractor related, directly
or indirectly, to the services provided to the (.'-,,try under this Agreement and intde or received PUT'St,lallt to lami or
ordinance or in connection with the transaction of'official business by the City, may be deerned to be as public record,
whether in the possession or control ofthe City or the ConmacAor. Said records, docurnents, transactions, writings,
papers, letters, computerized infionuation and programs, inaps, books, Uidro or video tapes, filn,rs, photographs, data
processing software, writings or othe.r inaterial(s), regardless of the physical f'orn'i, characteristics, or rneans of'
transmission 01'Contractor are subject to the provisions of Chapter 119, Florida Statutes, and nlay not.be destroyed
Mthout the specific written approval ofthe City's designated custodian of pubfic records,
IF THE (-I ONTRACTOR 14AS QUESTIONS REGARDING THE APPLICATION OF' CHAPTER
119, FLORIDA STATUTES, TO THE CON'TRACTOR'S DUTY TO PROVIM, PuBLIC RE(''011DS
RELATING TO THIS AGREEMENT, CONTACT ."HE CUSTODIAN OF' PUBLIC RECORDS, the City
Clerk, at 321-868-1220 ext, 207, mgoforth(ei)cityoliape cafiavev-alorg, 100 Polk Avenue/111.0. Box 326, Cape
Canaveral Horida,32920.
Contractor is required to and agrees to cortirfly with pubfic records laws. Contractor shall keep and niaintain
all public records required by the City to perform the services as agreed to herein. Contractor shall provide the City,
upon rcquest frorn tire City(."leak,,copies of the requested records or allow the records to be inspected or copied within
a reasonable time al a cost that does not exceed the cost provided by law. Contractor shall ensure that public records
exempt are exept or confidential and exerript frorn public records disclosure requirements are not disclosed except as
authorized by law for the duration of the Agreement tenn. Upon completion ofthe Agrectnent, Contractor shafl
transfier to the City, at no cost, afl public records in possession of the Contractor, providcd tire transfer is requested it)
writing by the ity Clerk. Upon such transfer, Contractor shall destroy any duplicate public records that arti,exempt
or confidential and exempt frorn public records disclosure requirements. However, if the City Clerk does not request
that the pubfic records be transferred, the Contractor shall continue to keep and maintain the public records upon
corrrplefion of the Agreenwrit and shall resect all applicable requirements ftrr rctaining pubic records. All reconis
stored electronically ITIUst be provided to the City, upon request frorn the City Clerk, in as forniat that is cornpatible
with the information technology systenis ofthe City. Should the City not possess public records relating to this
Agreernent which are requested to be inspected or copied by the City or any other person, the City shall unmediately
notify Contractor ofthe reqUest and the Contractorshall then provide SLACh records to the City or allow the records to
be inspected or copied within areasonable time, Ifthe Contractor does not comply with a putlhc records request, the
Cily may enforce this Section to dre extern(:permitted by law, Contractor acknowledges,that ifthe Contractor does not
Culture&I-eisure Sen,,ices
lndependerir Contraoor Agreerneru,
City of ape Canaveral
4 of'9
provide lhe public rccon,k to the (.'ily within zi rcasonaMc bme, tyre Coraraclor niay be suh-icct to pci'mIdes undcr
Section 1 19.10, Florida Staftnes. The Contractor acknowlcdges that if a.civd action is filed against the Contractor to
conipcproduction of'pubbo; records rek.AhIg to this Agreement, the court may assess and award against Contraclor
the reasonable costs of eirlorcernent, incuding reasonable attorney fees, All pul--cIic records in connec.tion with this
A .,etnenshall, at any and all reasonable tinics during the 1101-1-ri'd business hours ofthe Corinctor, be open wid
ft,eely exhibited to the Cily fior tIW PUrpose ofexarnination, Audit,, or otherwise, Failure by Contractor to grant such
public access and comply with public records laws and/or requests shall be grounds for intmediate tinflateral
cancefla,tion of this Agreement by the City upon delivery off written notice,of cancellation. Ifthe Contnactor fads to
comply with this Section, and the('I'ity ITILISt.cnf6rce this Section, or
r the City suffers a thid party amrard of`a -.
ttorney,�,
ices and/or damages fior vi(Aadng Chapter 1 99, Florida Statutes, clue n) Contractor's fiadure to comply with this
section, the C. ity shall Collect firorn Contractor prew.riling party attorney's fcTs and costs, and any damages incurred
by the City, for enforcing this Section against Contractor. Arid, if'applicable, the City shall also be entitled to
re i nib UrseMerlt of all attOflieys' fees and damages which the City had to pay a third patly because of the Contractors
Failurc,to coinplY with this Section. The ternis and conditions set forth in this Section shall survive the termination of
this Agreernent.
5A Amendment of einient. Modifications or carilp.ns in this Agreementrnust be, in writing and
executed by the parties bound to this AgrcCITICnt,
5.5 Severabi 11'a word, sentence, or paragraph herein shad be dMarcd illegal, uncriforceable, or
unconstitutional,the said word,sentence,or paragraph,.;hall be severed frorn this Agreenrent,and this Agreement shall
be read as il'sand illegal, unenforceable, or unconsfitutiofral word, senMrce,or paragraph did not exist.
5.6 AttoInaLs 'Cess Shoufd any litigationco
arise ncerning Cnh,
this Agre 'TIt between the parlics hereto,
' --- _L _
the panies agree to bear their own costs and attorney's fi,,,es,
5.7 Entire AgLgewHgLw!.. This Agrccinent represents the endre, a.nd integrated Agreement between [lie
parties and super se(Te's—al'i prior negotiations,representations,or Agreements,either oral or written,and,all SUCh rnatter's
shall be decmed rnerged into this Agyreement,
5.8 !S�oj I
�f�rLij,jLzkmtLni!- . Notwithstanding any other provision set forth in this Agreement, nothing
contained in this Agreement shall, be construed as a waiver of the City's right to Sovereign IMMUnity under Section
768,28, Florida StatUtC.S or othe.r firnitations imposed on the City's potential liability under state or Ruderal law. As
such, Contractor agrees that the City shafl not be liable,urider this Agreement for punitive danaages or interest fur the
period before,judgment. Further,the('.;fty shall not be liable for arry claini OrjUdgtllellt,or portion.thercol, to any one
person ft)r more than two hundred thousand dollars($200,000.00),or any claim orjudgrr-tent,or portion thereof,which,
when totaled with all other claims ot-judgincots paid by the State or its agencies, and subdivisions arising out ofthe
same incident or occurrence,exceeds the sum of three hundred thousand dollars($300,000,00). This paragraph shall
survive termination of this Agreenient,
A,RTKJ-,E 6
P.R0'.[EC'[I0N.0F PERSONS AND PROPERTY ZANCE
6.1Worker"s Corn i . Upon the eNective date of this Agreernent, (--.'ontractor shall provide
-- IItL lLatL
_iol!
proofof worker's compensation insurance in the triinimun"i arriount required by law(ifrequired),
6.2 Profc.ssional Liabilit Ip ig g. and General Liabil . LJpon the eff�,cfive (late of th ,s
y Nja
_
Agreement,(.ontractor shalt submit proof of professional liability/malpracticc and general liability insunancc to cover
c.lairris for professional Hability/inalpractice (if applicable) and general Hability because ofbodily in'yur�y or death of
any person or property darnage arising out(:of this Agreement or any S("-vices provided 1-wreunder. The insurance;shall
have mirtimuni limits of coverage of$1,000,000.00 per occurrence.
Culture&L.eistn-e Services
Independent C'ontractor Agreement
C,4y of C..ape Canavex at
5 of'9
Ci.3 jLqq1wiregients. 1'his paragralfli,shat] be appicable to SecOons Ci.h and 6.2. 'Me i'nstirance,reqrured
by this Article shaH include the liability and coverage provided hercin, or as reqUired by Law,whichever requirerrient.",
afford grc,,aler coverage. All of the policies ofinsurance so required to be purchased and n-mintairied firrifie ceytificates
(or other evidence ffiereof) shall c.ontairi a provision or endorsernent that the coverage afforded will not be canceled,
materially changed or rencwal refused unit I at least ifurty (30) days' prior written notice lias been givert to the City
and the Contractor by certified mah, return reccipi requested, All such insurance shall remain in eflect until fimat
payment. Unless agreed to by the City to the contrary, the City slaaH be nanied on the fbregoing insurance policies as
"additionai insured," except ffir professional fiability/malpractice coverage. 'T'he Contractor shall cause its insurance
carriers to kirnish insurance certificates specifying the types and arnounts ofcoverage in offect pursuant hcreto, the
expiration dates ol'such pficies,and a statement that no iristirance under such policies will be canceled withouldiirty
(30) days' prior written notice to the City in corripliance with other provisions of this Agreement. For all Services
PCrfi)1TrW,d PUrsuant to this Agreerrient, the, Contractor shall continuously rnaintIun such insurance res reqUifed by
Sections 6.l, 6,2, and 6.3, In the event Contractor fails to maintain smid irstmince, City, at its option, niay elect to
terminate this Agrcenrent by written notice to Conh,actor.
6.4 Indeminification and Rold Harmless. FOr all Services PCHOrMed pursuant to this A9 reefrient,the
(..'ontractrm-agrees to the fuflcst extent permitted by law, to inderrmil'y and hold harmless the -'ify and its empe
loyes,
officers., arid attorneys from and against all clairns, losses, damages, personal u-Ijurres (including but not hirfited to
death),or liability(including reasonable attorney's fi,.-cs), directly or indirectly arising from the negligent acts, errors,
omissions, inlentional or otherwise,arising out of cm resulting hroin Contractor's performance ofany Servic,cs provided
PursUant to this Agreernent.
'Bie indemnification provided above shall obligate the Contractor to def'ond at his/her own expense or k)
YWOVidC for SLICII dC(baSC, at. the option ofthe C'ity, as the ca.semay be, of airy and all cUrns of liability and ail suits
and actions ofcvery riame and description that may be brOUght against the City or its erriployces,officers,and attorneys
which rimy result frorn the Services under this Agrcernent whether the Setvicesbe performed by the Contractor or
anyone directly or indirectly employed by therm In at] events the City shall be permitted to choose leg al counsel of
its sole choice, dw fees fier'which shall be reasonable and subject to and included with Ibis indMIRification provided
herein, 'This paragraph 6A shall survive termination ofthis Agreement,
6.5 Waiver, As further consideration for the privileges afl'orded Contractor under this Agreernent,
including the, privilege to condLKI Services utilizing the City's recreational facilities, Contractor herebyassurnes all
risk of personal in,lury or death and propetly darnage or loss from whatever causes arising whHe perftmming such
Services, Contractor further releases the City and its officers, empk)yccs, agents and vokintuers ftom any and afl
liability, claims, demands, actions, and causes of action whatsoever, inch iding negligencc, arising flora Contractor's
performance of this Agreement, use ofthe City's recreational Facilities and participation in Services. 'This release and
waiver includes, but is not limited to,vV',IiVCTOfa11 ChHiMS,SUitS, and causes of action based itipon the inherent dangers
involved in the Services and/or the ncgligence, or tortious acts or conduct ofthe (.,,ity, its officers., eirilfloyces, agents
and volunteers or ofthird party participants in Services.
6.6 StandardofCare, In pet4brming its Services hereunder,the Contractor will use that degree ofcme
and Skill Ordina.1.4 exercised, under siniflar circumstances by NPUtable mernbers (If'its profi.assion practicing in the
same or similar locality,
AR11CLE 7
TERMINNUON OF "HIEAGREEMEN'T
7�1 Yerryfination AL.Cit-Y. T'he City may ternrinate this Agreement with five(5) days written notice to
Contractor. Such termination shall be at City's sole discretion,either for convenience or for cause,
7.2 ,tion )I 11111L -itten notice to the City, C'ontractor rnay
_j 4ctor. With at least five(5)days wi
terminate this Agreement ifthe City fails to comply with the terms and conditions ofthis Agreeinent, hi addition,
with at least thirty (30) days wriaen notice to the City, Contractor may ten-ninate this Agreerrient far convenience,
Ca tear&Leisure Services
Independent(,'ontractor Agreee
mm
City Of'Cape Carmveral
6 of 9
Contractor wifl be responsIM, for nofifyi'ng class parfi(Ammlts at k,ast five (5) days in advanci-of`ffietennination, of
this Agreement and refunding any piepaml regktnation fices for&..n-vices not rendered.
73 Termi n o n sent. This Agreement may be terminaml by the mutuai written consent of
both parties at any time, and wthout penally.
7.4 jJp1jg.-'1'errphiation'. LJpon termination ofthis Agreernent,the Contractor shall rem�l [o the City its
porflon of any registration not ot yet remitled. Contractor sbaH be enfifled to no addiflonal compensation. [Jpon
notice often-nination,the Ccmtractor shall ceasc all Servlces being provided hereunder.
7.5 Waiver. ];aflure of the City to insist upon performance within any tirne periost or upon a proper
level or quahry of performance shall not act as a waiver ofthe City's right to Wer c1airn a faikire to perf6rm on the
part of the,Contractor,
A 11TI C L E 8
TERM OF AGREEMENT
8.1 'er'm. The term ofthis Agreernent shall cormywrice on the 1,A1ecfivt',, Date of this Agreement and
erid. on E)ecernbcr 31" ofthc same year as the Effeclive Date, unless extended by rnutual witte.n agreernent of the
parties.
ARTICLE 9
CON FLACT S
9A Conflicts, In the eveM that a conflict arises as to the conterits ol'Exhibit"A"and the Agreement,
trite Agreement sha govern.
[Signature Page fifflowsl
IN WITNESS WHEREOF, the parties hereto caused this Agreerwril to be executed as of the date first
written above,
CITY.
CITY OF CAPE CANAVERA L, FLORI DA
ATTEST:
------------- .....------ David L, (Ireene, City Manap-Yer
I it I e- 4 Date:
7,
CO NTR A C TO R..
("UhUrC&1-6SUN SCT'Vi(.AeS
hidefw,ndem Conn'actor Agreement
("ity ofCape Carmveral
7 sof 9
..----------------------------------------------
--.--
_m
Print Name�
S"T"A 1,Of, FI.OpUDA
C"O[J 'Y OF 111 .?VARD
'T'he lore gaaurrg,instrument was ac;lC:ararwWged betbre me this slay of__ _.. . 0��_..�dv� � -_�_�.. by
who executed the lore grrrra g instrtarmaea ll,and acknowledged beliaire me that
flea,/sk executed the same 11rr the us s<amaal purposes uses therein expressedand ' who is personally known to mise.,,or
----------who hw;praaciraa cd as identification,
L " .....r.ti ..
_'ypra�,al.or Printed 1�4otary Na.rn cr:
e MOLLY ASAIGAL
MY COMMISSION#GG 19W7
EXPIRES:AprC30,2022
... t l'N hru Notvy Public Undemftm
Culture,&k..eisurcr Services
vice s
Independent Contractor Agreement
City oro'Cape("aan aveax al
8 of 9
EXHIRIT"'A"'
DESCRIPTION OF SERVICESTO BE PERFORMED
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_LServices. The Contractor agrees to provide the following Services to flie City-,
(a) Contramrzq,recs to oft�r 7umba/Group Fftwa .Classes (o the public on an ongoing basis,
TN..dates,times and Jocatkm ot'such class shall be, specified by the City in coordination with the Contractor.
(b) Contractor shaH be respomiNe for.registration of'participants, A copy ofeacli re.gistradon Corrn shall be
(c) Contractor shall provide the Leisure Services Direclor with as schedule at ICaSt fbUrteen (14) days prior
to the start of the class. Any changes to the I'm-ogrmn must be subinitted with seven (7) days advance notice. The
1,6sure Services L)4octor-must app-)rove tlw submitted selret1k.de prior to the start of the chns's,
(d) Contractor shall purchase and provide all cquipinent and materials needed to provide Services,
Contractor shall be responsible for prepadrig/setting up prior tet each class,
(e) Contractor shall be required to maintain a current class list with contact infimnation for cgaclr parfic"aPanL
It sh,,A be the Contractor's responsibility to properly notify participants ofany changes W the class schcdi.de.
Contractor shall insaire that all participants sign as release Ibrin, the specifications of which must be
,q'.)proved by City prior to commencernent of Services. A. copy of all releases forms signed by participants shaft be
forwarded to the 1xisure Services Director.
(g) ("`onlractor shall keep in acCUratc record of the date, time and location of each class, lhe nutriber of
participants, and their names and contact information, Such irilormaticiii shaH be provided lo the Leisure Services
Director promptly upon request,
(It) ('.'oa t t-actor shall be responsible for hiring additional instructors, if necessary, in order to insure a
reasonable and proper instructor/participtint ratio,
(i) Contractor shall be responsibie for any sponsorships obtained. Contractor shall forward information as
to proposed sponsor's to the(,.,ity 1'(.,)r approval prior to agrecing to sponsorship.
(J) C,ontractor agrees to coordinate with the Leisure Services Dfi-ector to ensure classes do not interfere witfi
other City events. Contractor agrees that such events n'dght impact the prcwision of Services,
Culture&I-ekirre Senile es
Independent Contractor Agreement
City ot'Cape C.anaveral
9 ot'9